MICHAEL J. GILES
v.
STATE OF FLORIDA
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A petition for writ of habeas corpus alleging ineffectiveness of appellate counsel is denied as untimely under Florida Rules of Appellate Procedure rule 9.141(d)(5), and alternatively, appellate counsel is not ineffective for failing to raise every conceivable nonfrivolous issue.
[1] Appellate counsel does not render constitutionally ineffective assistance by declining to raise every conceivable nonfrivolous issue on appeal.
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The court's alternative holding regarding the merits of the ineffectiveness claim.
Michael J. Giles filed a petition for writ of habeas corpus in the First District Court of Appeal alleging that his appellate counsel was ineffective.…
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February 5, 2019 PER CURIAM. The writ of habeas corpus alleging ineffectiveness of appellate counsel is denied as untimely, pursuant to rule 9.141(d)(5), Florida Rules of Appellate Procedure. See Partridge v. Moore, 768 So. 2d 1128 (Fla. 1st DCA 2000). Even if we were to reach the merits, appellate counsel is not ineffective for failure to raise every conceivable nonfrivolous issue. See Valentine v. State, 98 So. 3d 44, 57 (Fla. 2012). BILBREY, WINOKUR, and JAY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Bruce S. Rogow and Tara A. Campion, Fort Lauderdale, for Petitioner. Ashley B. Moody, Attorney General, and Virginia Chester Harris, Assistant Attorney General, Tallahassee, for Respondent.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Terance Valentine v. State, 98 So. 3d 44 (Fla. 2012)
- Partridge v. Moore, 768 So. 2d 1128 (Fla. 1st DCA 2000)