ROLAND TERRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the appellant's motion for post conviction relief was conclusively refuted by the record and therefore properly denied.
Appellant sought post conviction relief alleging insufficiency of evidence for attempted armed robbery and kidnapping, ineffective counsel, and failur…
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DAUKSCH, Judge.
In this appeal from a denial of a motion for post conviction relief filed under Florida Rule of Criminal Procedure 3.850, the appellant alleges insufficiency of the evidence to convict for attempted armed robbery and kidnapping. Both of these allegations were raised on direct appeal wherein it was found that the conviction was supported by substantial, competent evidence. Terry v. State, 397 So. 2d 1040 (Fla. 5th DCA 1981).
As to the allegation of ineffective counsel, appellant has failed to make a prima facie case showing that his counsel failed to render reasonably effective assistance of counsel to his prejudice as required by Meeks v. State, 382 So. 2d 673 (Fla.1980).
Regarding the allegation that the trial court erred in failing to instruct the jury to disregard statements made by a state witness, this matter was reviewed on direct appeal and affirmed. Terry v. State.
In full consideration and review of appellant’s motion, this court finds appellant’s motion, records and files conclusively refute those claims of the appellant which could constitute grounds for relief, and therefore, the appellant’s Motion to Vacate and Set Aside Sentence or to Correct Sentence should be denied and the trial court’s Order should be
AFFIRMED.
ORFINGER, C.J., and COBB, J., concur.
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Sikes v. Seaboard Coast Line R.R. Co., 429 So. 2d 1216 (Fla. 1st DCA 1983)…fact that the amended committee note refers to “unifying” the disqualification procedure in a civil case, it is apparent that the lower court properly read Rule 1.432 in pari materia with Section 38.10, Florida Statutes., Accord Gieseke v. Grossman, 418 So. 2d 1055 (Fla. 4th DCA 1982); R.P. Hewitt & Associates v. Hunt, 411 So. 2d 266 (Fla. 1st DCA 1982); Hayslip v. Douglas, 400 So. 2d 553 (Fla. 4th DCA 1981); compare Jackson v. Korda, 402 So. 2d 1362 (Fla. 4th DCA 1981) (criminal case). In considering both th…
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Brown v. ST. George Island, Ltd., 561 So. 2d 253 (Fla. 1990)…e judge’s remarks as either those announcing an adverse judicial ruling or as reflecting the mental impressions and opinions formed during the course of the proceedings. These are not sufficient grounds for disqualification, see Gieseke v. Grossman, 418 So. 2d 1055 (Fla. 4th DCA 1982); Mobil v. Trask, 463 So. 2d 389 (Fla. 1st DCA), review denied, 476 So. 2d 674 (Fla.1985). We reject these arguments and find the trial judge’s remarks more analogous to those described in Deauville Realty Co. v. Tobin, 120 So. 2d…
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Dep't of Agric. & Consumer Servs. v. Broward Cnty., 810 So. 2d 1056 (Fla. 1st DCA 2002)…tition to review nonfinal administrative action also suggest the ALJ’s bias. We reject this argument, however, in light of the well-settled principle that a judge’s adverse rulings may not serve as a ground for disqualification. Gieseke v. Grossman, 418 So. 2d 1055, 1057 (Fla. 4th DCA 1982). In Brake v. Swan, the court revisited the issue when the record in a later appeal revealed that counsel’s time sheets actually reflected telephone conversations with the judge’s judicial assistant, who had called to give d…
Previewing 3 of 21 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Meeks v. State, 382 So. 2d 673 (Fla. 1980)
- Terry v. State, 397 So. 2d 1040 (Fla. 5th DCA 1981)