DAIMON TERRELL DAILEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Court affirmed convictions for robbery with a firearm and unlawful firearm possession by a minor, holding that ineffective assistance of counsel claims are not cognizable on direct appeal and must be raised in a postconviction motion under Florida Rule of Criminal Procedure 3.850.
Ineffective assistance of counsel claims are not cognizable on direct appeal and must be raised in a postconviction motion under Florida Rule of Criminal Procedure 3.850, except in the rare case where ineffectiveness is obvious on the face of the record, prejudice is indisputable, and no tactical explanation is conceivable.
[1] Ineffective assistance of counsel claims ordinarily are not cognizable on direct appeal but must be raised in a postconviction motion under Florida Rule of Criminal Proce…
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Join FLexlaw to unlock all legal intelligenceDaimon Terrell Dailey was convicted of robbery with a firearm or other deadly weapon and unlawful possession of a firearm by a minor. He appealed, arg…
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Daimon Terrell Dailey appeals his convictions for robbery with a firearm or other deadly weapon and unlawful possession of a firearm by a minor. He argues his defense counsel was ineffective for failing to object to testimony by law enforcement officers improperly bolstering a prosecution witness and commenting on his truthfulness. As a rule, claims of ineffective assistance of counsel are not cognizable on direct appeal and can only be raised in a postconviction motion under Florida Rule of Criminal Procedure 3.850. See Smith v. State, 998 So.2d 516, 522 (Fla.2008); Wuornos v. State, 676 So.2d 972, 974 (Fla. 1996); Loren v. State, 601 So.2d 271, 272 (Fla. 1st DCA 1992). Rarely, an appellate court will consider such a claim on direct appeal if “the ineffectiveness is obvious on the face of the appellate record, the prejudice caused by the conduct is indisputable, and a tactical explanation for the conduct is inconceivable.” Corzo v. State, 806 So.2d 642, 645 (Fla. 2d DCA 2002). We are satisfied upon review of the record before us that this is not the rare case justifying resolution of an ineffective assistance claim on direct appeal. Rather, Appellant should seek relief under Rule 3.850.
AFFIRMED.
HAWKES, C.J., PADOVANO, and MARSTILLER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Morales v. State, 170 So. 3d 63 (Fla. 1st DCA 2015)…ce of the record and thus is a basis for reversal. To prevail on such a claim, the appellant must show that prejudice caused by the ineffective assistance is indisputable, and a tactical explanation for the conduct is inconceivable. Dailey v. State, 46 So. 3d 647 (Fla. 1st DCA 2010). Here, the failure to make a motion for judgment of acquittal on the specific issue of premeditation is not obvious ineffective assistance of counsel because there was sufficient direct and circumstantial evidence of premeditati…
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FOX v. State, 104 So. 3d 371 (Fla. 1st DCA 2012)…s, an appellate court will consider such a claim only if it is obvious from the record that counsel was ineffective, “the prejudice caused by the conduct is indisputable, and a tactical explanation for the conduct is inconceivable.” Dailey v. State, 46 So. 3d 647, 647 (Fla. 1st DCA 2010) (quoting Corzo v. State, 806 So. 2d 642, 645 (Fla. 2d DCA 2002)). The record in this case does not justify resolving Appellant’s ineffective assistance claim on direct appeal. Appellant may seek relief via postconviction m…
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Hill v. State, 114 So. 3d 1071 (Fla. 1st DCA 2013)…stent with the State’s concession of error, we conclude that this is one of those rare circumstances in which reversal is warranted based on ineffective assistance of counsel that is apparent on the face of the record. See generally Dailey v. State, 46 So. 3d 647 (Fla. 1st DCA 2010) (explaining that appellate court will only consider claims of ineffective assistance of counsel on direct appeal “when the ineffectiveness is obvious on the face of the appellate record, the prejudice caused by the conduct is ind…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Corzo v. State, 806 So. 2d 642 (Fla. 2d DCA 2002)
- Smith v. State, 998 So. 2d 516 (Fla. 2008)
- Loren v. State, 601 So. 2d 271 (Fla. 1st DCA 1992)
- Wuornos v. State, 676 So. 2d 972 (Fla. 1996)