LEWIS
v.
STATE OF FLORIDA
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Justin Lewis petitioned the First District Court of Appeal for relief based on alleged ineffective assistance of appellate counsel. The court denied the petition, holding that appellate counsel cannot be deemed ineffective for failing to raise a claim of trial counsel ineffectiveness on direct appeal when that issue was identified in an Anders brief.
Appellate counsel is not ineffective for failing to raise a claim of ineffectiveness of trial counsel on direct appeal. Additionally, appellate counsel cannot be deemed ineffective for failing to raise an issue on appeal when counsel identified that issue in an Anders brief during direct appeal.
“appellate counsel is not ineffective for failing to raise a claim of ineffectiveness of trial counsel on direct appeal”
Establishes the foundational rule that appellate counsel has no obligation to raise trial counsel ineffectiveness claims on direct appeal
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Join FLexlaw to unlock all legal intelligenceLewis, proceeding pro se, filed a petition alleging ineffective assistance of appellate counsel. The petition appears to have challenged appellate cou…
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FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
No. 1D2024-2563
JUSTIN A. LEWIS,
Petitioner,
v. STATE OF FLORIDA,
Respondent.
Petition Alleging Ineffective Assistance of Appellate Counsel— Original Jurisdiction.
November 12, 2025
PER CURIAM.
DENIED. See _Blanco v. Wainwright_, 507 So. 2d 1377, 1384 (Fla. 1987) (holding that appellate counsel is not ineffective for failing to raise a claim of ineffectiveness of trial counsel on direct appeal); _Mack v. State_, 380 So. 3d 1248 (Fla. 1st DCA 2024) (holding that appellate counsel cannot be ineffective for failing to raise an issue on appeal when counsel identified the issue in an _Anders_ brief on direct appeal).
LEWIS, ROWE, and WINOKUR, JJ., concur. Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
Justin A. Lewis, pro se, Petitioner. James Uthmeier, Attorney General, Tallahassee, for Respondent.
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Blanco v. Louie L. Wainwright, 507 So. 2d 1377 (Fla. 1987)
- Martin v. State, 380 So. 3d 1248 (Fla. 1st DCA 2024)