DONALD L. KELLUM, APPELLANT,

v.

RAY M. TATUM, APPELLEE

Citator

Cited By

• State v. Bouchard, 922 So. 2d 424 (Fla. 2d DCA 2006)
  …side the context of rule 3.400, several cases have addressed claims of ineffective assistance of counsel based on counsel’s failure to preserve for appeal an error that would have resulted in a reversal on direct appeal. See, e.g., State v. Chattin, 877 So. 2d 747, 749 (Fla. 2d DCA 2004) (stating that to obtain postconviction relief based on counsel’s failure to preserve jury selection issues, Chattin had to “show that had his counsel preserved the issues, this court likely would have reversed his conviction…
• Diaz v. State, 980 So. 2d 1275 (Fla. 4th DCA 2008)
  …on of the DiGuilio test, in reviewing ineffective assistance of counsel claims is, however, in conflict with the reasoning in other cases that apply the Strickland analysis to counsel’s failure to preserve an issue for review. E.g. State v. Chattin, 877 So. 2d 747 (Fla. 2d DCA 2004); Rhue v. State, 603 So. 2d 613 (Fla. 2d DCA 1992). Here, we need not address whether the original trial court’s failure to make a complete finding was harmless error under DiGuilio, as this court did in Davis, because Davis prece…
• State v. Patterson, 966 So. 2d 471 (Fla. 2d DCA 2007)
  …)). A defendant does not overcome this burden by default merely because the State either cannot or does not provide specific evidence that trial counsel’s actions under review were based on strategic or tactical considerations. In State v. Chattin, 877 So. 2d 747, 749 (Fla. 2d DCA 2004), this court considered a similar situation where “[defense] counsel could not remember the case” and the trial court found that “the State had not presented any evidence to show [that] counsel’s actions were tactical.” Althou…

Authorities Cited

• Berenyi v. Halifax Hosp. Med. Ctr., 498 So. 2d 655 (Fla. 5th DCA 1986)
• Belle Tarken v. State, 629 So. 2d 258 (Fla. 3d DCA 1993)