GLEN CHAMBERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Ineffective assistance of privately retained counsel can provide grounds for post-conviction relief.
Appellant sought post-conviction relief alleging ineffective assistance from his privately retained trial counsel. The trial court denied the motion, …
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PER CURIAM.
Glen Chambers appeals from the denial of his motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850. His motion alleges that he did not receive effective assistance from his privately retained trial counsel. The circuit court summarily denied the motion on the basis that inadequacy of privately retained counsel cannot provide the basis for post-conviction relief.
We recognize that the trial court was without benefit of a recent United States Supreme Court decision, Cuyler v. Sullivan, -U.S. -, 100 S.Ct. 1708, 64 L.Ed.2d 333 (1980), in which the Court held that ineffective assistance of privately retained counsel, as well as appointed counsel, can provide grounds for federal habeas corpus relief. In an opinion written by Justice Powell, the Court reasoned:
A proper respect for the Sixth Amendment disarms petitioner’s contention that defendants who retain their own lawyers are entitled to less protection than defendants for whom the State appoints counsel. . . . Since the State’s conduct of a criminal trial itself implicates the State in the defendant’s conviction, we see no basis for drawing a distinction between retained and appointed counsel that would deny equal justice to defendants who must choose their own lawyers.
100 S.Ct. at 1716.
Applying Cuyler v. Sullivan, we hold that appellant’s allegations of ineffective assistance of privately retained counsel facially state grounds for post-conviction relief. Accordingly, we have reviewed the transcript of appellant’s trial and have determined that nothing therein shows that appellant did not receive reasonably effective assistance of counsel. Meeks v. State, 382 So. 2d 673 (Fla.1980).
The order denying appellant’s motion for post-conviction relief under Rule 3.850 is affirmed.
HOBSON, Acting C. J., and OTT and CAMPBELL, JJ., concur.
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Clement Lemmon Edwards v. State, 393 So. 2d 597 (Fla. 3d DCA 1981)…the Florida Supreme Court, I am not disposed to walk away from all these decisions as we do in this case. To the extent that Blatch v. State, 389 So. 2d 669 (Fla. 3d DCA 1980); Spencer v. State, 389 So. 2d 652 (Fla. 1st DCA 1980); Chambers v. State, 388 So. 2d 1259 (Fla. 2d DCA 1980), reach a contrary conclusion, I would recede from Blatch and decline to follow Spencer and Chambers. I am frank to acknowledge that Cuyler v. Sullivan, 446 U.S. 335, 100 S.Ct. 1708, 64 L.Ed.2d 333 (1980), puts in doubt the contin…1 / 2
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Blatch v. State, 389 So. 2d 669 (Fla. 3d DCA 1980)…ef. Foxworth v. State, 267 So. 2d 647 (Fla. 1972), cert. denied, 411 U.S. 987, 93 S.Ct. 2276, 36 L.Ed.2d 965 (1973). . This view is shared by two of our sister courts. See Spencer v. State, 389 So. 2d 652 (Fla. 1st DCA 1980), and Chambers v. State, 388 So. 2d 1259 (Fla. 2d DCA 1980). . While the standard for effectiveness of retained counsel underwent dramatic changes in the 1970’s, the courts effecting these changes did not deal with retroactivity. But see Brannan v. Blankenship, 472 F.Supp. 149 (W.D.Va. 19…
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Ford v. Wainwright, 415 So. 2d 76 (Fla. 1st DCA 1982)…CA 1981); Kniebes v. State, 391 So. 2d 743, 744 (Fla. 4th 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 ineff…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cuyler v. Sullivan, 446 U.S. 335 (U.S. 1980)
- Meeks v. State, 382 So. 2d 673 (Fla. 1980)