ERIC L. JOHNSON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 4th DCA | 2009-02-18
No. 4D08-1712
WARNER, POLEN and HAZOURI, JJ., concur.
3 So. 3d 426 Florida District Court of Appeal, Fourth District (2009) Positive Treatment
Cited by 3 cases
Topics
Florida Rule Of Appellate Procedure 9.040(C) Ineffective Assistance Of Appellate Counsel Writ Of Habeas Corpus Petition For Writ Of Habeas Corpus

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Eric L. Johnson filed in the trial court a petition for writ of habeas corpus, alleging ineffective assistance of appellate counsel. The trial court properly denied the petition. This is because a petition for writ of habeas corpus alleging ineffective assistance of appellate counsel must be filed “in the appellate court to which the appeal was or should have been taken.” Fla. R.App. P. 9.141(c)(2); see also Johnson v. State, 694 So.2d 159, 159 (Fla. 4th DCA 1997).

Pursuant to Florida Rule of Appellate Procedure 9.040(c), which “permits this court to treat a case as if the proper remedy has been invoked,” we treat “this appeal as a petition for writ of habeas corpus.” Johnson, 694 So.2d at 159. We find Johnson’s ineffective assistance claim legally insufficient and hereby deny the petition.

WARNER, POLEN and HAZOURI, JJ., concur.

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Citator

Cited By

  • Fields v. State, 126 So. 3d 382 (Fla. 4th DCA 2013)
    …Brown v. State, 894 So. 2d 137 (Fla.2004) (holding that a petition alleging ineffective assistance of appellate counsel was facially insufficient for failure to show how the outcome of the case would have been different). See also Johnson v. State, 3 So. 3d 426 (Fla. 4th DCA 2009) (denying petition alleging ineffective assistance of appellate counsel as legally insufficient). The dissent suggests that this court should extend the supreme court’s decision in Spera v. State, 971 So. 2d 754 (Fla.2007), requi…
  • Johnson v. Fla. Dep't of Corr. (S.D. Fla. 2021)
    …. [1] at 3. The trial court denied the petition two days later. ECF No. [7] at 14. On April 28, 2008, Petitioner appealed to the Fourth DCA. Id.; see ECF No. [8] at 1-2) (construing appeal as petition for writ of habeas corpus); Johnson v. State, 3 So. 3d 426, (Fla. 4th DCA 2009) (“[A] petition for writ of habeas corpus alleging ineffective assistance of appellate counsel must be filed ‘in the appellate court to which the appeal was or should have been taken.’” (citing Fla. R. App. P. 9.141(c)(2)). The…

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