SAMORIE FELDER
v.
THE STATE OF FLORIDA
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Samorie Felder appealed a conviction, raising an unpreserved claim of ineffective assistance of counsel. The Florida appellate court affirmed the conviction, holding that unpreserved ineffective assistance claims cannot result in reversal on direct appeal absent a showing of fundamental error.
Unpreserved claims of ineffective assistance of counsel cannot be raised or result in reversal on direct appeal because the applicable statute requires the more demanding showing of fundamental error.
“[B]ased on the plain language of section 924.051(3), unpreserved claims of ineffective assistance of counsel cannot be raised or result in reversal on direct appeal because the statute requires the more demanding showing of fundamental error.”
Establishes the governing legal standard that unpreserved ineffective assistance claims require fundamental error showing on direct appeal
The opinion does not provide specific facts about Felder's case, as it is a brief per curiam affirmance relying on established legal standards.…
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PER CURIAM. General, for appellee.
Affirmed. See Steiger v. State, 328 So. 3d 926, 929 (Fla. 2021) (“[B]ased on the plain language of section 924.051(3), unpreserved claims of ineffective assistance of counsel cannot be raised or result in reversal on direct appeal because the statute requires the more demanding showing of fundamental error.”); see also United States v. Howard, 80 F. 3d 1194, 1199 (7th Cir. 1996); United States v. Jordan, 223 F. 3d 676, 688 (7th Cir. 2000) (holding that if a tape is generally audible, but only partially inaudible, the inaudible portions may affect its weight, a determination to be left to the jury); Senser v. State, 243 So. 3d 1003, 1011 (Fla. 4th DCA 2018) (holding a principals jury instruction is appropriate when evidence exists that another individual may have been involved in the underlying crime); Van Loan v. State, 736 So. 2d 803, 804 (Fla. 2d DCA 1999) (“A trial court must read the definitions of excusable and justifiable homicide in all murder and manslaughter cases.”).
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Citator
Authorities Cited
- van Loan v. State, 736 So. 2d 803 (Fla. 2d DCA 1999)
- Contreras v. State (Fla. 3d DCA 2023)
- Senser v. State, 243 So. 3d 1003 (Fla. 4th DCA 2018)