TYRONE BRETT LIGHTSEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court denied a petition for habeas corpus relief, finding that while the petitioner may have identified an omission by his appellate counsel, he failed to demonstrate how this omission undermined confidence in the outcome of the appeal. The court emphasized that conclusory allegations are insufficient to prove ineffective assistance of counsel.
The court held that while the petitioner might have shown an omission by his counsel, he failed to demonstrate that this omission undermined confidence in the outcome of the appeal, thus the petition for habeas corpus relief was denied.
[1] To establish ineffective assistance of appellate counsel, a claimant must demonstrate that the attorney's acts or omissions fell outside the range of reasonably competent…
[2] Conclusory allegations are insufficient to demonstrate that an attorney's deficient performance undermined confidence in the outcome of an appeal.
Previewing 2 of 3 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“A claim of ineffective assistance of counsel, to be considered meritorious, must include two general components. First, the claimant must identify particular acts or omissions of the lawyer that are shown to be outside the broad range of reasonably competent performance under prevailing professional standards. Second, the clear, substantial deficiency shown must further be demonstrated to have so affected the fairness and reliability of the proceeding that confidence in the outcome is undermined.”
This quote establishes the two-part test for ineffective assistance of counsel that the court applied.
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Join FLexlaw to unlock all legal intelligenceTyrone Lightsey filed a petition for habeas corpus, claiming his appellate counsel was ineffective for failing to argue that the police provided defec…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
In his petition for habeas corpus relief, Tyrone Lightsey makes a claim of ineffective assistance of appellate counsel. We deny the petition, but write to address the petition’s assertion that the appellate attorney was ineffective for failing to argue that the police gave defective Miranda warnings.
In Maxwell v. Wainwright, 490 So. 2d 927, 932 (Fla.1986), the court stated:
A claim of ineffective assistance of counsel, to be considered meritorious, must include two general components. First, the claimant must identify particular acts or omissions of the lawyer that are shown to be outside the broad range of reasonably competent performance under prevailing professional standards. Second, the clear, substantial deficiency shown must further be demonstrated to have so affected the fairness and reliability of the proceeding that confidence in the outcome is undermined.
Here, although petitioner may have shown an omission in failing to raise the Miranda issue, he has failed in the second test, namely that this undermined confidence in the outcome of the appeal. Petitioner alleges in summary fashion that, if the issue had been raised, it would have affected the outcome and “the entire conviction would’ve possibly been reversed or remanded,” the “charges would’ve been dropped,” and “the case possibly would’ve been dismissed.” Such conelusory allegations are insufficient. See Patton v. State, 878 So. 2d 368 (Fla.2004) (a summary or conelusory allegation is insufficient for appellate purposes to examine the specific allegations against the record); see also Brown v. State, 894 So. 2d 137 (Fla.2004) (petition for ineffective assistance of counsel facially insufficient for failure to show how outcome of case would have been different). Even Miranda violations can be the subject of a harmless error analysis, and petitioner has failed to show that the error was not subject to the harmless error analysis.
Denied.
SHAHOOD, C.J., WARNER and STEVENSON, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Fields v. State, 126 So. 3d 382 (Fla. 4th DCA 2013)…raises. The petition offers no supporting facts or references to the record. No appendix has been filed. We have held that conclu-sory allegations are insufficient to support a petition for ineffective assistance of counsel. See Lightsey v. State, 964 So. 2d 255, 256 (Fla. 4th DCA 2007). Lightsey simply followed supreme court precedent. See Patton v. State, 878 So. 2d 368, 380 (Fla.2004) (a summary or conclusory allegation is insufficient to allow the appellate court to examine the specific allegations agai…1 / 2
Authorities Cited
- Maxwell v. Louie L. Wainwright, 490 So. 2d 927 (Fla. 1986)
- Brown v. State, 894 So. 2d 137 (Fla. 2004)
- Patton v. State, 878 So. 2d 368 (Fla. 2004)