STATE OF FLORIDA, PETITIONER,

v.

GEORGE CERRITO, ET AL., RESPONDENT

Citator

Cited By (29 total)

• Gaskin v. State, 737 So. 2d 509 (Fla. 1999)
  …ing on a claim of ineffective assistance of counsel if he alleges specific “facts which are not conclusively rebutted by the record and which demonstrate a deficiency in performance that prejudiced the defendant.” Id. at 1259.14 See Mendyk v. State, 592 So. 2d 1076, 1079 (Fla.1992); Kennedy v. State, 547 So. 2d 912, 913 (Fla.1989). Upon review of a trial court’s summary denial of postconviction relief without an evidentiary hearing, we must accept all allegations in the motion as true to the extent they are no…

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• Teffeteller v. Dugger, 734 So. 2d 1009 (Fla. 1999)
  …ce of counsel will warrant an evidentiary hearing only where the defendant alleges specific facts which are not conclusively rebutted by the record and which demonstrate a deficiency in performance that prejudiced the defendant. See Mendyk v. State, 592 So. 2d 1076, 1079 (Fla.1992), receded from on different grounds by Hoffman v. State, 613 So. 2d 405, 406 (Fla.1992); Roberts, 568 So. 2d at 1259. While the judge did not conduct an evi-dentiary hearing in the instant case, he did conduct a lengthy hearing at w…
• Rodriguez v. State, 919 So. 2d 1252 (Fla. 2005)
  …be relitigated under the guise of ineffective assistance of counsel). When jury instructions are proper, the failure to object does not constitute deficient performance by counsel. Cherry v. State, 781 So. 2d 1040, 1054 (Fla.2000); Mendyk v. State, 592 So. 2d 1076, 1080 (Fla.1992), receded from on other grounds by Hoffman v. State, 613 So. 2d 405 (Fla.1992). The instruction that purportedly diluted the jury’s responsibility for its sentencing role is consistent with Florida’s statutory scheme in which the jur…

Authorities Cited

• State v. Hunter, 586 So. 2d 319 (Fla. 1991)
• Bolen v. State, 578 So. 2d 61 (Fla. 4th DCA 1991)