RICKY WARREN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
RICKY WARREN, PETITIONER,
STATE OF FLORIDA, RESPONDENT
164 So. 3d 794
Florida District Court of Appeal, First District (2015)
Positive Treatment
Cited by 4 cases
Opinion of the Court
The petition alleging ineffective assistance of appellate counsel is denied without prejudice to petitioner filing a motion for postconviction relief in the trial court.
THOMAS, MARSTILLER, and BILBREY, JJ., concur.
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Morgan v. State, 212 So. 3d 1104 (Fla. 1st DCA 2017)…tructions included an instruction that the “first thing” the jury should do was to select a foreperson. It is well-established that ‘“[ajbsent a finding to the contrary, juries are presumed to follow the instructions given them.’ ” Johnson v. State, 164 So. 3d 794, 797 (Fla. 1st DCA 2015) (quoting Carter v. Brown & Williamson Tobacco Corp., 778 So. 2d 932, 942 (Fla. 2000)). Thus, assuming—as we must—that the jury’s first point of business was to elect a foreperson, it is irrefutable that the alternate juror’s…
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Taide Wiston Asencio, JR. v. State, 244 So. 3d 294 (Fla. 4th DCA 2018)