SAMUEL JACKSON, 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.
Samuel Jackson appealed the denial of his motion for postconviction relief claiming ineffective assistance of counsel. The appellate court affirmed most claims but reversed and remanded the claim that defense counsel was ineffective for failing to file a motion to suppress a highly suggestive photopak.
The court held that Jackson stated a facially sufficient claim for ineffective assistance of counsel based on counsel's failure to file a motion to suppress the highly suggestive photopak, reversing the summary denial of this claim and remanding for further proceedings on this issue.
[1] A claim of ineffective assistance of counsel based on the failure to file a motion to suppress is facially sufficient if the defendant alleges that the pretrial identific…
[2] Failure to file a motion to suppress a highly suggestive photopak can constitute ineffective assistance of counsel.
Previewing 2 of 4 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“Jackson stated a facially sufficient claim regarding counsel's failure to file a motion to suppress”
The court's holding that the trial court erred in summarily denying Jackson's ineffective assistance claim based on inapplicable precedent.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceJackson was convicted of robbery with a deadly weapon and sentenced to life as a prison releasee reoffender. His conviction and sentence were affirmed…
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 Prison Releasee Reoffender Act cases and more on FLexlaw
NORTHCUTT, Judge.
Samuel Jackson appeals the denial of his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm as to all of his claims, save one.
Jackson was convicted of robbery with a deadly weapon and sentenced to life as a prison releasee reoffender. His conviction and sentence were affirmed on direct appeal. Jackson v. State, 782 So. 2d 876 (Fla. 2d DCA 2001) (table decision).
In Jackson’s motion for postconviction relief, he alleged that defense counsel was ineffective for failing to file a motion to suppress a highly suggestive photopak. The court summarily denied this claim as facially insufficient, citing Gettel v. State, 449 So. 2d 413 (Fla. 2d DCA 1984) (stating that failure to file groundless motion to suppress was not ineffective assistance).
But Gettel was inapplicable because the officers’ war-rantless search in that case was expressly allowed by statute, whereas a photopak is subject to suppression if it is highly suggestive, as alleged in Jackson’s motion. See M.J.S. v. State, 386 So. 2d 323 (Fla. 2d DCA 1980) (reversing denial of motion to exclude in-court identification based on im-permissibly suggestive photopak).
Thus, Jackson stated a facially sufficient claim regarding counsel’s failure to file a motion to suppress. See McDaniel v. State, 523 So. 2d 1225 (Fla. 2d DCA 1988) (reversing summary denial of claim that counsel was ineffective by failing to move for suppression of in-court identification based on im-permissibly suggestive pretrial show up).
Accordingly, we reverse the summary denial of this one claim and remand for further proceedings. Affirmed in part, reversed in part, and remanded.
CASANUEVA and SALCINES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Gettel v. State, 449 So. 2d 413 (Fla. 2d DCA 1984)
- M. J. S. v. State, 386 So. 2d 323 (Fla. 2d DCA 1980)
- McDANIEL v. State, 523 So. 2d 1225 (Fla. 2d DCA 1988)