DERRICK BARRETT
v.
STATE OF FLORIDA
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The Florida District Court of Appeal, Third District, dismissed with prejudice a petition alleging ineffective assistance of appellate counsel because it was filed outside the statutory time limits and contained only conclusory claims without factual support.
The court dismissed the petition with prejudice because it was untimely under Florida Rule of Appellate Procedure 9.141(d)(5) and the claims were conclusory and legally insufficient, lacking supporting facts or record references to demonstrate a basis for relief.
[1] A petition alleging ineffective assistance of appellate counsel on direct review must be filed within 2 years after the judgment and sentence become final on direct revie…
[2] In no event may a petition alleging ineffective assistance of appellate counsel on direct review be filed more than 4 years after the judgment and sentence become final o…
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Join FLexlaw to unlock all legal intelligence“A petition alleging ineffective assistance of appellate counsel on direct review must not be filed more than 2 years after the judgment and sentence become final on direct review unless it alleges under oath with a specific factual basis that the petitioner was affirmatively misled about the results of the appeal by counsel. In no case may a petition alleging ineffective assistance of appellate counsel on direct review be filed more than 4 years after the judgment and sentence become final on direct review.”
Establishes the statutory time limits for filing ineffective assistance of appellate counsel petitions under Fla. R. App. P. 9.141(d)(5), with both a two-year general deadline and a four-year absolute bar.
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Join FLexlaw to unlock all legal intelligenceDerrick Barrett filed a petition alleging ineffective assistance of appellate counsel on direct review. The petition was filed more than 2 years after…
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Before, EMAS, LOGUE and LINDSEY, JJ.
PER CURIAM.
Dismissed with prejudice. See Fla. R. App. P. 9.141(d)(5) (“A petition alleging ineffective assistance of appellate counsel on direct review must not be filed more than 2 years after the judgment and sentence become final on direct review unless it alleges under oath with a specific factual basis that the petitioner was affirmatively misled about the results of the appeal by counsel. In no case may a petition alleging ineffective assistance of appellate counsel on direct review be filed more than 4 years after the judgment and sentence become final on direct review."); Derrick Barrett v. State, 425 So. 3d 681, 681 (Fla. 3d DCA 2025) (dismissing with prejudice an untimely petition for writ of habeas corpus which alleged the same conclusory claims of ineffective assistance of appellate counsel as those alleged in the instant petition; further holding: “Aligning ourselves with our sister courts, we do so with prejudice.”) (citing Fields v. State, 126 So. 3d 382, 383 (Fla. 4th DCA 2013) (dismissing with prejudice legally insufficient petition for writ of habeas corpus alleging ineffective assistance of appellate counsel where “petitioner did not allege any supporting facts or references to the record at all") and Eleazer v. State, 342 So. 3d 830, 830 (Fla. 1st DCA 2022) (“Because Petitioner's claims are conclusory and lack supporting facts to demonstrate a basis for relief, the petition alleging ineffective assistance of appellate counsel is dismissed with prejudice.")).
See also Barrett v. State, No. 3D25-0967 (dismissing, by clerk's order, untimely petition alleging same conclusory claims of ineffective assistance of appellate counsel as those raised in the instant petition).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Fields v. State, 126 So. 3d 382 (Fla. 4th DCA 2013)
- Brodman v. State, 342 So. 3d 830 (Fla. 5th DCA 2024)