JOHN MORGAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOHN MORGAN, APPELLANT,
STATE OF FLORIDA, APPELLEE
826 So. 2d 322
Florida District Court of Appeal, First District (2001)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
AFFIRMED. Hall v. State, 773 So. 2d 99 (Fla. 1st DCA 2000), rev. granted, No. SC01-42, 790 So. 2d 1104 (filed Apr. 25, 2001); Headley v. State, 770 So. 2d 1244 (Fla. 1st DCA 2000); Hall v. State, 767 So. 2d 560 (Fla. 4th DCA 2000), rev. granted, No. SC00-2358, 790 So. 2d 1104 (filed April 25, 2001).
ALLEN, C.J., PADOVANO and LEWIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Dewey M. Council v. State, 9 So. 3d 721 (Fla. 2d DCA 2009)…ncil’s claim that his plea was coerced by his lawyer’s misadvice about the sex offender charge. However, neither conclusively refutes a claim that the lawyer coerced a plea by affirmatively mi-sadvising Mr. Council about the law. See Smith v. State, 826 So. 2d 322, 323 (Fla. 2d DCA 2002). Both his lawyer and the trial court appear to have misadvised Mr. Council. “[A]t a minimum[,] ‘actual knowledge of the duty to register or proof of the probability of such knowledge and subsequent failure to comply are neces…
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Cole v. State, 35 So. 3d 173 (Fla. 2d DCA 2010)…to go to trial.” Mr. Cole’s motion alleged sufficient facts about counsel’s deficient performance. The allegations in ground three— when read together with the statement at the conclusion of the motion — are facially sufficient. Cf. Smith v. State, 826 So. 2d 322, 323 (Fla. 2d DCA 2002) (finding that the defendant alleged a facially sufficient claim where the defendant alleged that counsel told him that a trial on a charge of possession of a firearm by a convicted felon would automatically result in a consec…
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Bradford McKUNE v. State, 953 So. 2d 746 (Fla. 2d DCA 2007)…However, this court has repeatedly held that these types of answers are not sufficient on their own to conclusively refute claims of ineffective assistance of counsel. See Jones v. State, 846 So. 2d 1224, 1226-27 (Fla. 2d DCA 2003); Smith v. State, 826 So. 2d 322, 323 (Fla. 2d DCA 2002); Rivera v. State, 746 So. 2d 542, 542 (Fla. 2d DCA 1999). The postconviction court also made passing reference to McKune’s prior record based upon an internet printout which it concluded also supported summary denial because…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hall v. State, 773 So. 2d 99 (Fla. 1st DCA 2000)
- Artis J. Kelly v. State, 767 So. 2d 560 (Fla. 4th DCA 2000)
- Wester v. State, 767 So. 2d 560 (Fla. 4th DCA 2000)
- Headley v. State, 770 So. 2d 1244 (Fla. 1st DCA 2000)
- Al Saggese v. Dep't OF Revenue OF The State OF Fla., 770 So. 2d 1244 (Fla. 4th DCA 2000)