JUSTIN A. MARTINEZ
v.
STATE OF FLORIDA
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The appellate court affirmed the trial court's denial of postconviction relief for Justin A. Martinez. The court found that Martinez failed to meet the standards for claims of ineffective assistance of counsel and for relief based on newly discovered evidence.
No, the trial court did not err. Mr. Martinez failed to demonstrate that his counsel's performance was deficient and prejudicial, nor did he show that the newly discovered evidence would likely produce an acquittal on retrial.
[1] To prevail on an ineffective assistance of counsel claim under Strickland v. …
[2] To obtain a new trial based on newly discovered evidence, the postconviction court must find that the evidence was unknown at trial and could not have been discovered thr…
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“To prevail on such a claim, a defendant must demonstrate that defense counsel’s performance was deficient, and that the defendant was prejudiced by that deficiency.”
Establishes the standard for ineffective assistance of counsel claims.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceJustin A. Martinez sought postconviction relief, alleging ineffective assistance of counsel and claiming newly discovered evidence. The trial court de…
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PER CURIAM.
Justin A. Martinez appeals the trial court’s denial of his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850 following an evidentiary hearing.
We affirm.
First, Mr. Martinez argues the trial court erred in denying his claims of ineffective assistance of counsel. To prevail on such a claim, a defendant must demonstrate that defense counsel’s performance was deficient, and that the defendant was prejudiced by that deficiency. Strickland v. Washington, 466 U.S. 668 (1984).
To satisfy the first prong, “[t]he defendant must allege specific facts that, when considering the totality of the circumstances, are not conclusively rebutted by the record and that demonstrate a deficiency on the part of counsel which is detrimental to the defendant.” Blackwood v. State, 946 So. 2d 960, 968 (Fla. 2006) (citing LeCroy v. Dugger, 727 So. 2d 236, 239 (Fla. 1998)).
And to succeed on the prejudice prong, the defendant must demonstrate a reasonable probability that, but for counsel’s errors, the result of the proceeding would have been different. See Strickland, 466 U.S. at 694. “A reasonable probability is a probability sufficient to undermine confidence in the outcome.” Id. The defendant must demonstrate a likelihood of a different result which is substantial and not just conceivable. Harrington v. Richter, 562 U.S. 86, 112 (2011).
On the record before us, we conclude Mr. Martinez failed to satisfy this standard, and we affirm the trial court’s denial of his ineffective assistance claims.
Second, Appellant argues the trial court erred in denying his claim for relief based on newly discovered evidence. To grant a new trial on the basis of newly discovered evidence, the postconviction court must find, first, that the evidence was not known at the time of trial and could not have been known at the time of trial by the use of due diligence. Preston v. State, 970 So. 2d 789, 797 (Fla. 2007).
Second, the evidence at issue must be “of such nature that it would probably produce an acquittal on retrial.” Id. (citing Jones v. State, 709 So. 2d 512, 521 (Fla. 1998)). Given this standard, we conclude the trial court properly denied Mr. Martinez’s claim. AFFIRMED. ROBERTS, NORDBY, and TANENBAUM, JJ., concur. _____________________________
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)
- Harrington v. Richter, 562 U.S. 86 (U.S. 2011)
- Jones v. State, 709 So. 2d 512 (Fla. 1998)
- Cleo Douglas LeCROY v. Dugger, 727 So. 2d 236 (Fla. 1998)
- Preston v. State, 970 So. 2d 789 (Fla. 2007)
- Lynford Blackwood v. State, 946 So. 2d 960 (Fla. 2006)