BRUCE BRADBERRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant Bruce Bradberry appeals his convictions for sexual battery and related offenses, raising four issues including a claim of ineffective assistance of counsel. The court affirmed all convictions, holding that ineffective assistance of counsel claims should generally be raised through post-conviction motions rather than on direct appeal.
The court held that ineffective assistance of counsel claims are generally not cognizable on direct appeal and must be raised through post-conviction relief proceedings, except when errors are apparent on the face of the record. The court affirmed without prejudice, allowing appellant to raise these claims in a motion for post-conviction relief.
[1] Claims of ineffective assistance of trial counsel should generally be raised on a motion for post-conviction relief.
[2] Ineffective assistance of counsel claims may be brought on direct appeal only when the alleged errors are apparent on the face of the record.
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Join FLexlaw to unlock all legal intelligence“With rare exceptions, ineffective assistance of trial counsel claims should be raised on a motion for post-conviction relief.”
Establishes the general rule that ineffective assistance claims belong in post-conviction proceedings, not direct appeal
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Join FLexlaw to unlock all legal intelligenceBruce Bradberry was convicted of four counts of sexual battery upon a child, two counts of lewd and lascivious molestation, one count of child abuse, …
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SHAHOOD, J.
Appellant, Bruce Bradberry, appeals the judgment of conviction of four counts of sexual battery upon a child, two counts of lewd and lascivious molestation, one count of child abuse and one count of contributing to the delinquency of a child. He raises four issues on appeal, all of which we affirm. We write to address only the fourth issue raised, which asserts that appellant’s trial counsel was inadequate and the cumulative effect of the alleged errors, along with prosecutorial misconduct, denied him due process of law.
Appellant claims that his attorney was deficient in failing to object to the intro duction' of certain evidence or to comments made by the prosecutor. He cites forty-four examples of alleged ineffective assistance of counsel. Most of the complained-of, unobjected-to comments occurred during the prosecutor’s closing argument.
With rare exceptions, ineffective assistance of trial counsel claims should be raised on a motion for post-conviction relief. Gore v. State, 784 So. 2d 418, 438 (Fla.2001); see also Owens v. State, 920 So. 2d 59 (Fla. 4th DCA 2005) (noting that claims of ineffective assistance of counsel are generally not cognizable on direct appeal). Only when the claims of error are apparent on the face of the record may they be brought on direct appeal. See Owens v. State, 792 So. 2d 650 (Fla. 4th DCA 2001).
In this case, the forty-four alleged errors of the public defender are more appropriately addressed by the trial court at a post-conviction hearing. As appellee points out, defense counsel’s failure to object in many instances may have been part of the trial strategy. The trial court would be in the best position to evaluate defense counsel’s performance and determine, following an evidentiary hearing, whether counsel was deficient and whether such deficiency prejudiced the defense. See generally Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).
We affirm on this issue without prejudice for appellant to raise it in a motion for post-conviction relief. We affirm as to all other issues raised without further comment.
Affirmed without prejudice.
POLEN and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Mickey Kidd v. State, 978 So. 2d 868 (Fla. 4th DCA 2008)…the rule is that that issue has not been raised or ruled on by the trial court.” Dennis v. State, 696 So. 2d 1280, 1282 (Fla. 4th DCA 1997). Such claims should properly be raised on a motion for post-conviction relief. See [*869] Bradberry v. State, 922 So. 2d 457, 458 (Fla. 4th DCA 2006). Appellant asserts that the present case falls into the exception to the above rule, where an appellate court may review an ineffective assistance of counsel claim on direct appeal when the claimed ineffectiveness is apparen…
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Desire v. State, 928 So. 2d 1256 (Fla. 3d DCA 2006)…prior to trial. As a general rule, claims of ineffective assistance of counsel are not ordinarily cognizable on direct appeal. The exception is when the error is apparent on the face of the record, which is rarely the case. See Bradberry v. State, 922 So. 2d 457, 458 (Fla. 4th DCA 2006); Lambert v. State, 811 So. 2d 805, 807 (Fla. 2d DCA 2002); Thompson v. State, 764 So. 2d 630, 631 (Fla. 1st DCA 2000). Based upon the record before us, we see no reason to deviate from that rule. While Desire’s attorney did…
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Nairn v. State, 978 So. 2d 268 (Fla. 4th DCA 2008)…based on failure to request a specific jury instruction). The claims appellant asserts are not apparent on the face of the record. The claims are more appropriately addressed by the trial court at a post-conviction hearing. See Bradberry v. State, 922 So. 2d 457 (Fla. 4th DCA 2006). We affirm on this issue without prejudice for appellant to raise it in a motion for post-conviction relief. We affirm as to all other issues raised without further discussion. Affirmed. POLEN and MAY, JJ., concur.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)
- Gore v. State, 784 So. 2d 418 (Fla. 2001)
- Ramirez v. State, 792 So. 2d 650 (Fla. 3d DCA 2001)
- Larabee v. State, 920 So. 2d 59 (Fla. 5th DCA 2005)