ALONZO REAVES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Alonzo Reaves appealed the denial of his rule 3.850 post-conviction relief motion, alleging violations of due process, Fourth Amendment rights, and ineffective assistance of counsel. The court affirmed the denial, finding that some claims were procedurally barred as they should have been raised on direct appeal, and the ineffective assistance claims were facially insufficient because they were conclusory and failed to demonstrate prejudice.
The court affirmed the denial of the post-conviction motion. Claims regarding suppression of statements and evidence and competency to waive counsel were procedurally barred because they should have been raised on direct appeal. The ineffective assistance of counsel claims were also properly denied because they were stated as mere conclusions without demonstrating the requisite prejudice element required under Strickland v. Washington.
[1] Claims that could have or should have been raised on direct appeal are procedurally barred in a motion for post-conviction relief.
[2] Claims of ineffective assistance of trial counsel must be raised in a motion for post-conviction relief.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“To establish ineffective assistance of trial counsel, appellant was required to show that (1) his counsel's performance was deficient, and (2) a reasonable probability that the result of the proceeding would have been different absent the deficient performance.”
Establishes the Strickland two-prong test governing ineffective assistance claims in post-conviction relief motions
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAlonzo Reaves was convicted after trial. He filed a rule 3.850 motion for post-conviction relief alleging constitutional violations including failure …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Procedural Bar cases and more on FLexlaw
JOANOS, Chief Judge.
Alonzo Reaves appeals the denial of his rule 3.850 motion for post-conviction relief, in which he alleged violations of his constitutional right to due process of law, freedom from unreasonable searches and seizures, and effective assistance of counsel. We affirm, for the reasons set forth below.
The trial court’s summary denial of the 3.850 motion, predicated on the court’s finding that the claims raised in the motion were or should have been raised on direct appeal, was proper with respect to appellant’s allegations concerning the failure to suppress his pre-trial statements, failure to suppress the weapon seized from his grandmother’s house, and his alleged incompetency to waive counsel and to confess. These claims are procedurally barred, because they could have or should have been raised on direct appeal. See Fla.R.Crim.P. 3.850; White v. Dugger, 565 So. 2d 700 (Fla.1990); Duest v. Dugger, 555 So. 2d 849 (Fla.1990).
However, the trial court’s ruling was not proper with respect to appellant’s allegations of ineffective assistance of trial counsel, since such claims must be raised in a motion for post-conviction relief. King v. Dugger, 555 So. 2d 355 (Fla.1990); Gardner v. State, 550 So. 2d 176 (Fla. 1st DCA 1989); Chambers v. State, 530 So. 2d 452, 453 (Fla. 1st DCA 1988).
To establish ineffective assistance of trial counsel, appellant was required to show that (1) his counsel’s performance was deficient, and (2) a reasonable probability that the result of the proceeding would have been different absent the deficient performance. Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); Routly v. State, 590 So. 2d 397 (Fla.1991). General allegations or mere conclusions are insufficient to demonstrate entitlement to relief. Flint v. State, 561 So. 2d 1343, 1344 (Fla. 1st DCA 1990); Williams v. State, 553 So. 2d 309 (Fla. 1st DCA 1989).
Moreover, “[a] court considering a claim of ineffectiveness of counsel need not make a specific ruling on the performance component of the test when it is clear that the prejudice component is not satisfied.” Kennedy v. State, 547 So. 2d 912, 914 (Fla.1989), citing Maxwell v. Wainwright, 490 So. 2d 927 (Fla.), cert. denied, 479 U.S. 972, 107 S.Ct. 474, 93 L.Ed.2d 418 (1986).
The allegations of ineffective assistance of trial counsel raised in the instant motion for post-conviction relief are deficient because they are stated as mere conclusions, without the requisite showing of prejudice. The motion fails to allege facts, which if true, would demonstrate that evidence introduced at trial was obtained unlawfully, or that appellant was prejudiced by its admission. Therefore, although a motion for post-conviction relief is the proper vehicle for presentation of claims of ineffective assistance of trial counsel, we affirm the order appealed, because the allegations of ineffective assistance of trial counsel in this case are facially insufficient to demonstrate an entitlement to relief.
Accordingly, the order denying appellant’s motion for post-conviction relief is affirmed.
ZEHMER and WOLF, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Davis v. State, 627 So. 2d 112 (Fla. 1st DCA 1993)…assistance of trial counsel, appellant was required to show that (1) his counsel’s performance was deficient; (2) a reasonable probability that the result of the proceeding would have been different absent the deficient performance. Reaves v. State, 593 So. 2d 1150 (Fla. 1st DCA 1992) (citations omitted). We find that appellant has satisfied both prongs of this test. First, the trial transcript strongly suggests, although we cannot say with absolute certainty, that Sabia Jackson was appellant’s nephew and a pa…
-
Cook v. State, 638 So. 2d 134 (Fla. 1st DCA 1994)…ow that (1) his counsel’s performance was deficient, and (2) a reasonable probability that the result of the proceeding would have been different absent the deficient performance.” Davis v. State, 627 So. 2d 112 (Fla. 1st DCA 1993); Reaves v. State, 593 So. 2d 1150 (Fla. 1st DCA 1992). Appellant claims that at his trial, a newspaper containing a prejudicial article about him was seen in the jury room, and that his trial counsel was ineffective in failing to move for a mistrial on that basis. We conclude that t…
-
Mattern v. Fla. Parole Comm'n, 707 So. 2d 806 (Fla. 4th DCA 1998)…as corpus proceeding is on the petitioner, who must back up his allegations with evidence. See Kohler v. Sandstrom, 305 So. 2d 76, 77 (Fla. 3d DCA 1974). General allegations are insufficient to demonstrate entitlement to relief. See Reaves v. State, 593 So. 2d 1150, 1151 (Fla. 1st DCA 1992). The trial court also correctly determined that appellant was not entitled to appointed counsel. Parolees do not have an automatic right to counsel in revocation proceedings. Rather, the determination is made on a case-by-…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (14 total)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)
- Maxwell v. Louie L. Wainwright, 490 So. 2d 927 (Fla. 1986)
- Kennedy v. State, 547 So. 2d 912 (Fla. 1989)
- Duest v. Dugger, 555 So. 2d 849 (Fla. 1990)
- Routly v. State, 590 So. 2d 397 (Fla. 1991)
- Amos Lee King, Jr. v. Dugger, 555 So. 2d 355 (Fla. 1990)
- Williams v. State, 553 So. 2d 309 (Fla. 1st DCA 1989)
- Parker v. Reonna T. Parker, 553 So. 2d 309 (Fla. 1st DCA 1989)
- White v. Dugger, 565 So. 2d 700 (Fla. 1990)
- Cooper v. Forsyth Cnty. Hosp. Auth., Inc., 479 U.S. 972 (U.S. 1986)