SANTIAGO MILIAN
v.
STATE OF FLORIDA
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A petition for habeas corpus based on ineffective assistance of appellate counsel must satisfy both the statutory filing deadline and the two-prong Strickland standard requiring specific errors showing deviation from professional norms and prejudice undermining confidence in the appellate result.
[1] A petition for ineffective assistance of appellate counsel must be filed within two years of the appellate decision or within four years if the petitioner alleges under o…
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Join FLexlaw to unlock all legal intelligence“The '[p]etitioner must show 1) specific errors or omissions which show that appellate counsel's performance deviated from the norm or fell outside the range of professionally acceptable performance and 2) the deficiency of that performance compromised the appellate process to such a degree as to undermine confidence in the fairness and correctness of the appellate result.'”
Court's statement of the two-prong test for ineffective assistance of appellate counsel claims under Strickland v. Washington
Santiago Milian filed a petition for habeas corpus in the Third District Court of Appeal alleging ineffective assistance of appellate counsel.…
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Third District Court of Appeal State of Florida
Opinion filed October 16, 2024. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-1676 Lower Tribunal No. F14-24007 ________________
Santiago Milian, Petitioner,
vs.
State of Florida, Respondent.
A Case of Original Jurisdiction – Habeas Corpus.
Santiago Milian, in proper person.
Ashley Moody, Attorney General, and David Llanes, Assistant Attorney General, for respondent.
Before LOBREE, BOKOR and GOODEN, JJ.
PER CURIAM.
2
Upon review, the petition for habeas corpus for ineffective assistance of appellate counsel is denied. See Fla. R. App. P. 9.141(d)(5) (setting forth two-year limitation to file a petition for ineffective assistance of appellate counsel on direct review or four-year limitation where a petition “alleges under oath with a specific factual basis that the petitioner was affirmatively misled about the results of the appeal by counsel”); see also Smith v. State, 931 So. 2d 790, 805 (Fla. 2006) (“The requirements for establishing a claim based on ineffective assistance of appellate counsel parallel the standards announced in Strickland [v. Washington, 466 U.S. 668 (1984)]. The ‘[p]etitioner must show 1) specific errors or omissions which show that appellate counsel’s performance deviated from the norm or fell outside the range of professionally acceptable performance and 2) the deficiency of that performance compromised the appellate process to such a degree as to undermine confidence in the fairness and correctness of the appellate result.’” (quoting in part Wilson v. Wainwright, 474 So. 2d 1162, 1163 (Fla. 1985))).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)
- Wilson v. Louie L. Wainwright, 474 So. 2d 1162 (Fla. 1985)
- Smith v. State, 931 So. 2d 790 (Fla. 2006)