JAMES B. ROONEY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 5th DCA | 1994-02-18
No. 94-118
W. SHARP, PETERSON and DIAMANTIS, JJ., concur.
632 So. 2d 212 Florida District Court of Appeal, Fifth District (1994) Positive Treatment
Cited by 10 cases
Topics
Belated Appeal Ineffective Assistance Of Appellate Counsel Writ Of Habeas Corpus

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Opinion of the Court
PER CURIAM.

PER CURIAM.

James B. Rooney petitions for a writ of habeas corpus seeking a belated appeal because his court-appointed attorney twice failed to file an initial brief. The first failure was cured by the reinstatement of a dismissed appeal that was again dismissed because of counsel’s second failure to file a brief. In O’Riorden v. State, 611 So. 2d 623 (Fla. 4th DCA 1993), the court held that failing to timely file an initial brief was clearly below the norm of professionally acceptable performance. See also Kelley v. State, 557 So. 2d 694 (Fla. 4th DCA 1990).

We grant the petition, reinstate Rooney’s appeal in this court’s case number 93-702 and relinquish jurisdiction to the trial court for a period of 30 days to appoint substitute appellate counsel. The newly appointed substitute counsel shall have 30 days from the date of appointment by the trial court to file appellant’s initial brief.

WRIT ISSUED; REMANDED.

W. SHARP, PETERSON and DIAMANTIS, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • P.M.W. v. State, 678 So. 2d 484 (Fla. 5th DCA 1996)
    …t, appellate counsel had a duty to file a notice of appeal and a timely initial brief setting forth P.M.W.’s case on appeal. The attorney’s failure caused the appeal to be dismissed and constitutes ineffective assistance of counsel. Rooney v. State, 632 So. 2d 212 (Fla. 5th DCA 1994). In a criminal case, when the substandard performance of counsel is the cause of the dismissal of an appeal depriving the defendant of appellate review, the prejudice prong is satisfied. Under these circumstances, it is not neces…
  • Tullis v. State, 690 So. 2d 749 (Fla. 5th DCA 1997)
    …is court. We grant the petition, reinstate the appeal and direct Tullis’ new counsel1 to file an initial brief within thirty (30) days of receipt of the mandate of this court. See P.M.W. v. State, 678 So. 2d 484 (Fla. 5th DCA 1996); Rooney v. State, 632 So. 2d 212 (Fla. 5th DCA 1994); Melbourne v. State, 635 So. 2d 163 (Fla. 5th DCA 1994). PETITION GRANTED; WRIT ISSUED; CAUSE REMANDED. PETERSON, C.J., and GOSHORN, J., concur. . Tullís' current counsel was not his trial counsel.…
  • Jeanie Melbourne v. State, 635 So. 2d 163 (Fla. 5th DCA 1994)
    …GRIFFIN, Judge. Based on the allegations contained therein, the petition for writ of habeas corpus for belated appeal due to ineffective assistance of appellate counsel is granted. Rooney v. State, 632 So. 2d 212 (Fla. 5th DCA 1993). As we did in Rooney, we grant the petition, reinstate petitioner Melbourne’s appeal in this court’s case No. 93-1092 and relinquish jurisdiction to the lower court for a period of thirty days to appoint substitute appellate co…

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