KENNETH DINKINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
KENNETH DINKINS, APPELLANT,
STATE OF FLORIDA, APPELLEE
600 So. 2d 1295
Florida District Court of Appeal, First District (1992)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Appellant filed a petition for writ of ha-beas corpus in the circuit court alleging ineffective assistance of appellate counsel. The circuit court denied the petition and appellant took this appeal. The proper method by which to raise a claim of ineffective assistance of appellate counsel is by petition for writ of habeas corpus directed to the appellate court which considered the direct appeal.. Smith v. State, 400 So. 2d 956 (Fla.1981). Because appellant filed his petition in circuit court, the order denying his petition was proper. We therefore affirm the order on appeal without prejudice to appellant’s right to seek relief in the proper forum.
AFFIRMED.
JOANOS, C.J., and BOOTH and MINER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Nairn v. State, 816 So. 2d 220 (Fla. 1st DCA 2002)…f ineffective assistance of appellate counsel to be filed “in the appellate court that handled the direct appeal”); Johnson v. State, 694 So. 2d 159, 159 (Fla. 4th DCA 1997); Oakley v. State, 677 So. 2d 879, 880 (Fla. 2d DCA 1996); Dinkins v. State, 600 So. 2d 1295, 1296 (Fla. 1st DCA 1992); Smith v. State, 543 So. 2d 316, 317 (Fla. 5th DCA 1989). Even if the trial court had transferred the petition, in accordance with Florida Rule of Appellate Procedure 9.040(b)(1), the petition failed to state any basis for…
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Clark v. Crosby, 335 F.3d 1303 (11th Cir. 2003)…ting an ineffective assistance of appellate counsel claim is a petition for a writ of habeas corpus directed to the appellate court that considered the direct appeal. Richardson v. State, 624 So. 2d 804, 804 (Fla.Dist.Ct.App.1993); Dinkins v. State, 600 So. 2d 1295, 1296 (Fla.Dist.Ct.App.1992). . The pertinent part of the evidentiary hearing is set forth below: Q: And you didn't raise [the sentencing issue] on rehearing? Could you raise an issue like that on rehearing? [Clark's appellate counsel]: Absolutely n…
Authorities Cited
- Smith v. State, 400 So. 2d 956 (Fla. 1981)