WILLIAM CARLELY HEWETT, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Clement Lemmon Edwards v. State, 393 So. 2d 597 (Fla. 3d DCA 1981)
  …of the Second District Court of Appeal as to the wisdom of a wide open rule which allows a criminal defendant, as here, to collaterally attack his criminal conviction on the ground that his privately retained counsel was ineffective. State v. Dukes, 388 So. 2d 651 (Fla. 2d DCA 1980) (Ott, J., concurring). Rather than rush to judgment to dismantle, rather than alter, 16 years of unbroken Florida decisions — including two Florida Supreme court decisions — in favor of a rule of dubious value based on a United St…

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• COX v. State, 407 So. 2d 633 (Fla. 3d DCA 1981)
  …e prejudice to the prosecution.) Thus, in another paradox, counsel’s supposed ineffectiveness would turn out to be supremely advantageous to the interests of his 'client. See the concerns in this regard well-expressed by Judge Ott in State v. Dukes, 388 So. 2d 651 (Fla.2d DCA 1980) (specially concurring opinion) and Chief Judge Hubbart in Edwards v. State, 393 So. 2d 597, 600 (Fla.3d DCA 1981) (dissenting opinion). (Indeed, that is one of the bases of our conclusion that Cox’s lawyer’s failure to object was g…
• Ford v. Wainwright, 415 So. 2d 76 (Fla. 1st DCA 1982)
  …DCA 1980); Blatch v. State, 389 So. 2d 669 (Fla. 3rd DCA 1980); Presley v. State, 388 So. 2d 1385 (Fla. 2nd DCA 1980); Battle v. State, 388 So. 2d 1323 (Fla. 5th DCA 1980); Chambers v. State, 388 So. 2d 1259 (Fla. 2nd DCA 1980); and State v. Dukes, 388 So. 2d 651 (Fla. 2nd DCA 1980). While the above-cited cases apply to collateral attacks on a conviction which, if found to be meritorious, require conducting a new trial, we find that a showing of ineffective assistance of counsel that results in denial of o…

Authorities Cited

• Adams v. State, 387 So. 2d 498 (Fla. 5th DCA 1980)