CLARENCE MOORE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Clarence Moore appeals the summary denial of his Rule 3.850 motion for postconviction relief, claiming ineffective assistance of trial counsel for failing to object to improper prosecutorial comments during closing argument. The court affirms, finding the comments were not improper and Moore cannot establish the prejudice prong of the Strickland ineffectiveness standard.
The court affirms the summary denial of Moore's postconviction motion. First, the court finds the comments were not improper as a matter of law, and counsel cannot be ineffective for failing to raise a meritless objection. Second, even if the comments were improper, Moore cannot establish the prejudice prong of Strickland because any harm was brief, isolated, and insufficient to undermine confidence in the trial outcome.
[1] A claim of ineffective assistance of counsel requires a defendant to demonstrate both constitutionally deficient performance and actual prejudice.
[2] Counsel's performance is constitutionally deficient if it falls below an objective standard of reasonableness measured under prevailing professional norms.
Previewing 2 of 6 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“First, the defendant must show that counsel's performance was deficient. This requires showing that counsel made errors so serious that counsel was not functioning as the "counsel" guaranteed the defendant by the Sixth Amendment. Second, the defendant must show that the deficient performance prejudiced the defense.”
States the two-prong Strickland test for ineffective assistance of counsel claims
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceMoore was convicted at trial. During closing argument, the prosecutor made comments that Moore characterizes as improper. Trial counsel failed to obje…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Deficient Performance Prong cases and more on FLexlaw
Clarence Moore appeals from a summary denial of his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. On appeal, Moore asserts that the record establishes that trial counsel failed to object to improper comments made by the State during closing argument, and further asserts that he was entitled to an evidentiary hearing.
The analysis of a claim of actual ineffective assistance of trial counsel necessarily begins with Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). A claim under Strickland requires the defendant to establish two prongs: constitutionally deficient performance and actual prejudice. As the Strickland Court elaborated:
First, the defendant must show that counsel’s performance was ' deficient. This requires showing that counsel made errors so serious that counsel was not functioning as the “counsel” guaranteed the defendant by the Sixth Amendment. Second, the defendant must show that the deficient performance prejudiced the defense. This requires showing that counsel’s errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable. Unless a defendant makes both showings, it cannot be said that the conviction.. .resulted from a breakdown in the adversary process that renders the result unreliable.
In assessing the deficient performance prong, the relevant question is: Did counsel’s performance fall below an objective standard of reasonableness, when measured under prevailing professional norms? Id. at 688, 104 S.Ct. 2052. In assessing the actual prejudice prong, the relevant question is whether there is “a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Id. at 694, 104 S.Ct. 2052. A reasonable probability is “a probability sufficient to undermine confidence in the outcome” of the proceeding. Id.
Upon our review of the record, and in the context of the evidence and arguments presented at trial, we find that the comments made in closing argument were not improper. It is axiomatic that trial counsel cannot be deemed ineffective for failing to raise a meritless objection. Teffe-*309teller v. Dugger, 734 So.2d 1009, 1023 (Fla. 1999).
Even if these comments could be characterized as improper,1 Moore's claim of ineffective assistance of counsel would still fail because he cannot meet the prejudice prong of Strickland. The comments were brief and isolated, any arguable prejudice was slight, and was certainly insufficient to undermine confidence in the outcome of the trial. Had counsel objected to these comments (and the trial court deemed them improper) the objections would have been sustained and a curative instruction given. Thus, there is no reasonable probability that, but for counsel’s failure to object, the outcome of the proceeding would have been different or that “trial counsel’s errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable;” Strickland, 466 U.S. at 687, 104 S.Ct. 2052. We therefore affirm the trial court’s order summarily denying Moore’s motion for postconviction relief.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Cadavieco v. Castle Key Ins. Co., 246 So. 3d 501 (Fla. 3d DCA 2018)
Authorities Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)
- Castor v. State, 365 So. 2d 701 (Fla. 1978)
- Teffeteller v. Dugger, 734 So. 2d 1009 (Fla. 1999)