AZELL ARCHIE AND DEREK ARCHIE, APPELLANTS,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1982-10-12
No. 82-1963
Before SCHWARTZ, BASKIN and DANIEL S. PEARSON, JJ.
420 So. 2d 388 Florida District Court of Appeal, Third District (1982) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellants, pursuant to Fla.R.App.P. 9.140(g), having taken this appeal from the summary denial of their motion for post-conviction relief under Fla.R.Crim.P. 3.850 and this court having considered the record presented and having further determined that it conclusively appears therefrom that appellants are entitled to no relief, the denial of their motion is affirmed.

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  • Archie v. State, 496 So. 2d 976 (Fla. 3d DCA 1986)
    …o previous motions, that he was denied effective assistance of counsel. Although Archie’s first motion was denied without hearing, this court, upon Archie’s appeal, determined that he was entitled to no relief based upon the record. Archie v. State, 420 So. 2d 388 (Fla.3d DCA 1982). Archie’s second motion was denied by the trial court as well, and we dismissed his appeal. Archie v. State, 430 So. 2d 461 (Fla.3d DCA 1983). Since Archie raises no new grounds in this motion and there has been a prior determinati…
  • Archie v. State, 994 So. 2d 1245 (Fla. 3d DCA 2008)
    …1983. Archie v. State, 430 So. 2d 461 (Fla. 3d DCA 1983). Additionally, the petition is successive as it is the defendant’s third post-conviction appeal seeking relief based on claims of ineffective assistance of trial counsel. See Archie v. State, 420 So. 2d 388 (Fla. 3d DCA 1982); Archie v. State, 496 So. 2d 976 (Fla. 3d DCA 1986). The claims are not newly discovered. The defendant’s claims of ineffectiveness of counsel could have and should have been known at the time of trial, and definitely within two y…

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