LAMONT T. LUBIN,
v.
THE STATE OF FLORIDA,
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Appellate counsel's failure to raise a meritless issue on appeal does not constitute ineffective assistance of appellate counsel.
[1] Appellate counsel's failure to raise a meritless issue on appeal does not constitute ineffective assistance of appellate counsel under the Sixth Amendment.
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Court's citation to Mendoza v. State in denying the petition
Lamont T. Lubin filed a petition for writ of habeas corpus alleging ineffective assistance of appellate counsel in his criminal case.…
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Third District Court of Appeal State of Florida
Opinion filed April 14, 2021. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D20-1720 Lower Tribunal No. F15-22546 ________________
Lamont T. Lubin, Petitioner,
vs.
The State of Florida, Respondent.
A Case of Original Jurisdiction-Ineffective Assistance of Appellate Counsel.
Lamont T. Lubin, in proper person.
Ashley Moody, Attorney General, and Joanne Diez, Assistant Attorney General, for respondent.
Before FERNANDEZ, HENDON, and LOBREE, JJ.
HENDON, J.
2
Following review of Lamont T. Lubin’s petition for writ of habeas corpus alleging ineffective assistance of appellate counsel, it is ordered that said petition is hereby denied. See Mendoza v. State, 964 So. 2d 121 (Fla. 2007) (holding appellate counsel's failure to raise meritless issue on appeal does not constitute ineffective assistance of appellate counsel); Austin v. State, 236 So. 3d 402 (Fla. 3d DCA 2017).
Petition denied.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Marbel Mendoza v. State, 964 So. 2d 121 (Fla. 2007)
- Mishak Gibson v. State, 236 So. 3d 402 (Fla. 3d DCA 2017)