BRANDON DOWDY
v.
THE STATE OF FLORIDA
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A defendant cannot establish ineffective assistance of counsel by challenging trial strategy decisions that fall within the range of reasonable professional judgment or by requiring counsel to pursue meritless arguments.
[1] A defendant challenging trial counsel's strategic decisions bears the burden of overcoming the presumption that such decisions constitute sound trial strategy within the…
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Join FLexlaw to unlock all legal intelligence“counsel cannot be deemed ineffective for failing to make a meritless argument”
Dennis v. State, 109 So. 3d 680, 690 (Fla. 2012)
Brandon Dowdy appealed from a circuit court decision in Miami-Dade County, challenging his conviction on grounds related to counsel's trial strategy.…
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Third District Court of Appeal State of Florida Opinion filed April 24, 2024. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D22-1421 Lower Tribunal No. F15-18110 ________________ Brandon Dowdy, Appellant, vs. The State of Florida, Appellee. An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Milton Hirsch, Judge. Brandon Dowdy, in proper person. Ashley Moody, Attorney General, and Kayla Heather McNab, Assistant Attorney General, for appellee. Before FERNANDEZ, SCALES and BOKOR, JJ.
PER CURIAM.
2
Affirmed. See Franklin v. State, 137 So. 3d 969, 980 (Fla. 2014) (explaining that the defendant carries the burden to “overcome the presumption that, under the circumstances, the challenged action might be considered sound trial strategy”) (citation omitted); see also Dennis v. State, 109 So. 3d 680, 690 (Fla. 2012) (noting that “counsel cannot be deemed ineffective for failing to make a meritless argument”).
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- Labrant D. Dennis v. State, 109 So. 3d 680 (Fla. 2012)
- Quawn M. Franklin v. State, 137 So. 3d 969 (Fla. 2014)