DEBRA S. HARTLAND, PETITIONER,
v.
ALLSTATE INSURANCE COMPANY, RESPONDENT
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The court affirmed the denial of post-conviction relief, holding that pre-hearing discovery is not available to a petitioner alleging ineffective assistance of counsel, and the petitioner failed to overcome the presumption that counsel's actions were sound trial strategy.
The court held that pre-hearing discovery is not available to a petitioner on a motion alleging ineffective assistance of counsel, and the petitioner failed to meet the burden of proving counsel's actions were not sound trial strategy.
The petitioner, convicted of armed robbery, sought post-conviction relief alleging ineffective assistance of counsel for failing to object to certain …
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PER CURIAM.
We have for review Hartland v. Allstate Insurance Co., 575 So. 2d 290 (Fla. 1st DCA 1991), because of conflict with Jernigan v. Progressive American Insurance Co., 501 So. 2d 748 (Fla. 5th DCA), review denied, 513 So. 2d 1062 (Fla.1987). We have jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution.
We recently addressed the same issue which this case presents. Brixius v. Allstate Ins. Co., 589 So. 2d 236 (Fla.1991). In Brixius, we approved the district court’s decision which denied uninsured motorist benefits under very similar circumstances, and we disapproved the decision in Jerni-gan. Accordingly, the district court’s decision in this case is approved.
It is so ordered.
SHAW, C.J., and OVERTON, GRIMES, KOGAN and HARDING, JJ., concur. BARKETT, J., concurs in result only.
McDONALD, J., dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Brixius v. Allstate Ins. Co., 589 So. 2d 236 (Fla. 1991)
- Reed v. State, 501 So. 2d 748 (Fla. 1st DCA 1987)
- Jernigan v. Progressive Am. Ins. Co., 501 So. 2d 748 (Fla. 5th DCA 1987)
- Hartland v. Allstate Ins. Co., 575 So. 2d 290 (Fla. 1st DCA 1991)