RONALD ALEXANDER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 4th DCA | 2010-04-07
No. 4D10-932
STEVENSON, MAY and DAMOORGIAN, JJ„ concur.
32 So. 3d 716 Florida District Court of Appeal, Fourth District (2010) Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.

*717PER CURIAM.

The petition alleging ineffective assistance of appellate counsel is denied on the merits. Appellate counsel is not deficient for failing to raise claims of ineffective assistance of trial counsel on direct appeal. Suarez v. Dugger, 527 So.2d 190, 193 (Fla.1988); Blanco v. Wainwright, 507 So.2d 1377, 1384 (Fla.1987). With extremely limited exceptions, the appropriate place to raise a claim of ineffective assistance of trial counsel is a Florida Rule of Criminal Procedure 3.850 motion, not on direct appeal. “Appellate counsel cannot be faulted for preserving the more effective remedy and eschewing the less effective.” Blanco, 507 So.2d at 1384.

STEVENSON, MAY and DAMOORGIAN, JJ„ concur.

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  • Jean v. State, 41 So. 3d 1078 (Fla. 4th DCA 2010)
    …cisions in the exercise of reasonable professional judgment.” Id. at 690. We find that the more “appropriate place to raise a claim of ineffective assistance of trial counsel is a Florida Rule of Criminal Procedure 3.850 motion.” Alexander v. State, 32 So. 3d 716, 717 (Fla. 4th DCA 2010). At a hearing on such a motion, a fair assessment of attorney performance may be made “to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel’s challenged conduct, and to evaluate the c…
  • Alexander v. Fla. Dep't of Corr. (S.D. Fla. 2023)
    …ned it.” Jeffries v. United States, 748 F. 3d 1310, 1314 (11th Cir. 2014). because “the appropriate place to raise a claim of ineffective assistance of trial counsel is a [FLA. R. CRIM. P. 3.850] motion, not on direct appeal.” Alexander v. State, 32 So. 3d 716, 717 (Fla. 4th DCA 2010). The Fourth DCA’s mandate issued on June 25, 2010. See State Habeas Petition Mandate [ECF No. 8-1] at 188. Since the state courts’ review of Petitioner’s state habeas petition ended after the Fourth DCA issued its mandat…

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