DAVID ALLEN ADKINSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Procedural Bar cases and more on FLexlaw
PER CURIAM.
This is a pro se appeal by David Allen Adkinson from denial of his motion for post-conviction relief under Florida Rules of Criminal Procedure 3.850. Adkinson alleges violation of the speedy trial rule and ineffective assistance of counsel. We affirm.
An issue which could and should have been raised on direct appeal is not a proper subject matter for post-conviction motion. Foster v. State, 400 So. 2d 1 (Fla.1981) (1981); Pell v. State, 393 So. 2d 1140 (Fla. 3d DCA 1981) (violation of speedy trial rule could have been raised on direct appeal). Cf. Snow v. State, 399 So. 2d 466 (Fla. 2d DCA 1981) (appeal of imposition of sentence allegedly in violation of speedy trial rule not foreclosed by plea of guilty).
Appellant failed to meet his burden of establishing ineffectiveness of counsel. See, e. g., Knight v. State, 394 So. 2d 997 (Fla.1981). See also Foster v. State, supra; Washington v. State, 397 So. 2d 285 (Fla.1981).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Trianon Park Condo. Ass'n, Inc. v. City OF Hialeah, 468 So. 2d 912 (Fla. 1985)…tal function with which we have held the courts cannot interfere. See Neilson (decision to upgrade roadway). See also Rumbough v. City of Tampa, 403 So. 2d 1139 (Fla. 2d DCA 1981) (operation of sanitary landfill); Romine v. Metropolitan Dade County, 401 So. 2d 882 (Fla. 3d DCA 1981), review denied, 412 So. 2d 469 (Fla.1982) (traffic control decisions). On the other [*921] hand, once a governmental entity builds or takes control of property or an improvement, it has the same common law duty as a private person…
-
Dep't OF Transp. v. Neilson, 419 So. 2d 1071 (Fla. 1982)…4th DCA 1981), held that the failure to extend a road and the construction of a guardrail are classic examples of the type of judgmental, planning-level decisions within the protected sphere of sovereign immunity. Romine v. Metropolitan Dade County, 401 So. 2d 882 (Fla. 3d DCA 1981), review denied, 412 So. 2d 469 (Fla.1982), held that a county’s failure to control an intersection with a more sophisticated device than the one actually used could not give rise to liability because the decision to use a more sop…1 / 2
-
Avallone v. Bd. OF Cnty. Comm'rs OF Citrus Cnty., 493 So. 2d 1002 (Fla. 1986)…3 (Fla.1985); Mathews v. City of St. Petersburg, 400 So. 2d 841 (Fla. 2d DCA 1981), approved, 419 So. 2d 1082 (Fla.1982); Everton v. Willard, 426 So. 2d 996 (Fla. 2d DCA 1983), approved, 468 So. 2d 936 (Fla.1985); Romine v. Metropolitan Dade County, 401 So. 2d 882 (Fla. 3d DCA 1981), review denied, 412 So. 2d 469 (Fla.1982); Berry v. State, 400 So. 2d 80 (Fla. 4th DCA), review denied, 411 So. 2d 380 (Fla.1981). By interpreting section 286.28, Florida Statutes (1981), as automatically waiving sovereign immunit…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Knight v. State, 394 So. 2d 997 (Fla. 1981)
- Cherin v. S. Star Land & Cattle Co., Inc., 400 So. 2d 1 (Fla. 1981)
- Washington v. State, 397 So. 2d 285 (Fla. 1981)
- Rodriguez v. State, 393 So. 2d 1140 (Fla. 3d DCA 1981)
- Posner v. Flink, 393 So. 2d 1140 (Fla. 3d DCA 1981)
- Snow v. State, 399 So. 2d 466 (Fla. 2d DCA 1981)