ALLISON KEITH MELLS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Elliott Barnett v. State, 181 So. 3d 534 (Fla. 1st DCA 2015)
  …of the instruction. Claims of ineffective assistance of counsel are rarely addressed on direct appeal because they normally turn on questions of fact and both sides are entitled to present relevant evidence at an evidentiary hearing. Hills v. State, 78 So. 3d 648, 652 (Fla. 4th DCA 2012). In order to prevail on such a claim, an appellant must demonstrate “ineffectiveness on the face of the record, indisputable prejudice, and an inconceivable tactical explanation for the conduct.” Morales v. State, 170 So. 3d…
• Curtis v. State, 204 So. 3d 463 (Fla. 4th DCA 2016)
  …an “appellate court must conduct a de novo review of the record to determine if a defendant’s claim meets the deficiency and prejudice prongs of Strickland [v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984) ].” Hills v. State, 78 So. 3d 648, 652 (Fla. 4th DCA 2012). However, the Strickland standard does not require a finding that any deficient conduct “more likely than not altered the outcome”; a defendant need only establish a probability sufficient to undermine confidence in the outc…
• Marla Diane Swearingen v. State, 91 So. 3d 885 (Fla. 5th DCA 2012)
  …r trial and effective assistance of trial eoun- [*887] sel. She received neither. Accordingly, we reverse the conviction and sentence and remand for a new trial. REVERSED and REMANDED. SAWAYA, PALMER and MONACO, JJ., concur. . See Hills v. State, 78 So. 3d 648, 653-54 (Fla. 4th DCA 2012) (reversing on direct appeal two counts of sexual battery on a child under the age of twelve based on ineffective assistance of counsel; concluding that the ineffectiveness was obvious on the face of the appellate record,…

Authorities Cited

• Flagg v. State, 74 So. 3d 138 (Fla. 1st DCA 2011)
• Holmes v. State, 74 So. 3d 138 (Fla. 1st DCA 2011)