HARVEY BRUCE ROBERTS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Court affirmed denial of post-conviction relief where appellant claimed ineffective assistance of appellate counsel for failing to raise trial errors that were legally unsupportable.
Appellate counsel has no duty to raise legally unsupportable matters, and failure to do so does not constitute ineffective assistance.
[1] Appellate counsel does not provide ineffective assistance by declining to raise trial issues that lack arguable legal merit.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“There is no duty upon appellate counsel to urge legally unsupportable matters and merely because counsel did not urge in the appellate court those points which the [defendant] in his pro se brief deemed worthy of consideration does not establish a denial of effective assistance of appellate counsel.”
Court citing Young v. Oklahoma to explain the standard for appellate counsel's obligations.
Roberts was convicted and his conviction was affirmed on direct appeal. His court-appointed appellate counsel followed Anders procedures and did not r…
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PER CURIAM.
Roberts appeals the order denying his motion for post-conviction relief entered without an evidentiary hearing. We affirm.
Roberts contends he was denied effective assistance of counsel on appeal because his court-appointed counsel did not raise on direct appeal certain trial errors which allegedly should have been raised. Roberts’ conviction was affirmed by this court in Roberts v. State, 265 So. 2d 431 (Fla. 1st DCA 1972), cert. den. 265 So. 2d 50 (Fla.1972). From our examination of the record in Roberts’ direct appeal, it appears that the public defender handling his appeal scrupulously followed the procedures prescribed in Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Roberts, after being furnished a copy of the brief filed by his court-appointed counsel, filed his own pro se brief raising the trial errors which he now contends his court-appointed attorney should have presented. This court, after full review of the record, found no arguable legal points and affirmed the conviction. As noted in Young v. Oklahoma, 428 F.Supp. 288 (W.D.Okl.1976), “[t]here is no duty upon appellate counsel to urge legally unsupportable matters and merely because counsel did not urge in the appellate court those points which the [defendant] in his pro se brief deemed worthy of consideration does not establish a denial of effective assistance of appellate counsel.” Accordingly, the order denying Roberts’ motion for post-conviction relief is affirmed.
McCORD and SHIVERS, JJ., and MASON, ERNEST E., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By
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Peri v. State, 458 So. 2d 62 (Fla. 3d DCA 1984)…med without prejudice to the filing of such a petition.1 . We do not believe that the record before us renders it appropriate to treat the present appeal as such a petition, as the appellant suggests. Cf. Smith v. State, supra; Roberts v. State, 378 So. 2d 887 (Fla. 1st DCA 1979).…
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Leonel Padron v. State, 561 So. 2d 689 (Fla. 3d DCA 1990)…So. 2d 478 (Fla.1985); Roth v. State, 479 So. 2d 848 (Fla. 3d DCA 1985); Suarez v. State, 338 So. 2d 546 (Fla. 3d DCA 1976); Stewart v. State, 511 So. 2d 375 (Fla. 1st DCA 1987); Ferby v. State, 404 So. 2d 407 (Fla. 5th DCA 1981); Roberts v. State, 378 So. 2d 887 (Fla. 1st DCA 1979); Stallings v. State, 319 So. 2d 640 (Fla. 1st DCA 1975).…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Bell v. State, 265 So. 2d 50 (Fla. 1972)
- Brown v. State, 265 So. 2d 50 (Fla. 1972)
- Roberts v. State, 265 So. 2d 431 (Fla. 1st DCA 1972)
- Gaggi v. State, 265 So. 2d 431 (Fla. 3d DCA 1972)