CHRISTOPHER ISIDORE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Christopher Isidore appealed the denial of his post-conviction ineffective assistance of counsel claim under Florida Rule of Criminal Procedure 3.850. The appellate court reversed the trial court's dismissal of two claims (failure to impeach a witness and failure to file a motion to suppress) as procedurally barred, holding that such claims are cognizable in Rule 3.850 motions and remanded for further proceedings on those claims while affirming the denial of the remaining nine claims.
Claims of ineffective assistance of counsel for failure to impeach a witness and for failure to file a motion to suppress are cognizable in Rule 3.850 post-conviction motions and are not procedurally barred merely because they could have been raised on direct appeal.
[1] Claims of ineffective assistance of counsel for failure to impeach a witness are cognizable in a motion for post-conviction relief.
[2] A claim that counsel was ineffective for failing to file a motion to suppress may be raised in a motion for post-conviction relief.
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Join FLexlaw to unlock all legal intelligence“Claims of ineffective assistance of counsel for failure to impeach a witness are cognizable in a Rule 3.850 motion.”
Establishes that the trial court erred in dismissing such claims as procedurally barred or substantive issues for direct appeal
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Join FLexlaw to unlock all legal intelligenceIsidore filed a Rule 3.850 motion for post-conviction relief raising eleven separate claims of ineffective assistance of trial counsel. The trial cour…
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Christopher Isidore appeals from the denial of his motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850. We affirm in part and reverse in part,
Isidore’s Rule 3.850 motion for post-conviction relief raised eleven separate claims of ineffective assistance of trial counsel. Because the trial court denied claims number two and three on the ground that these claims constituted substantive issues which should have been directly appealed, we reverse. Claims of ineffective assistance of counsel for failure to impeach a witness are cognizable in a Rule 3.850 motion. See Lowe v. State, 2 So.3d 21, 30 (Fla.2008) (affirming the denial of such a claim based on insufficient prejudice); Delarosa v. State, 24 So.3d 741 (Fla. 2d DCA 2009) (reversing the denial of such a claim as conclusory); Williams v. State, 673 So.2d 960 (Fla. 1st DCA 1996) (disagreeing with trial court’s conclusion that the claim was procedurally barred because it could have been raised on appeal). Similarly, a claim that counsel was ineffective for failing to file a motion to suppress may be raised in a Rule 3.850 motion. See, e.g., Johnston v. State, 63 So.3d 730, 740 (Fla.2011) (denying, on the merits, post-conviction motion for ineffective assistance of counsel in failing to file motion to suppress); Zanchez v. State, 84 So.3d 466 (Fla. 2d DCA 2012) (same); Ramos v. State, 559 So.2d 705 (Fla. 4th DCA 1990) (same); Sorey v. State, 463 So.2d 1225 (Fla. 3d DCA 1985) (same).
Accordingly, we reverse the denial of claims two and three, and remand for further proceedings. With regard to all other claims, we affirm without further discussion.
*1228Affirmed in part; reversed in- part; and remanded for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Johnston v. State, 63 So. 3d 730 (Fla. 2011)
- Lowe v. State, 2 So. 3d 21 (Fla. 2008)
- Williams v. State, 673 So. 2d 960 (Fla. 1st DCA 1996)
- Zanchez v. State, 84 So. 3d 466 (Fla. 2d DCA 2012)
- Delarosa v. State, 24 So. 3d 741 (Fla. 2d DCA 2009)
- Ramos v. State, 559 So. 2d 705 (Fla. 4th DCA 1990)
- Weidner v. State, 559 So. 2d 705 (Fla. 4th DCA 1990)
- Sorey v. State, 463 So. 2d 1225 (Fla. 3d DCA 1985)