ARTHUR JAMES
v.
STATE OF FLORIDA
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.
A petition alleging ineffective assistance of appellate counsel should be denied under the standards established in Knight v. State.
[1] Ineffective assistance of appellate counsel claims in Florida are evaluated under the framework established in Knight v. …
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceArthur James filed a pro se petition with the First District Court of Appeal alleging that his appellate counsel provided ineffective assistance.…
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.
Petition Alleging Ineffective Assistance of Appellate Counsel— Original Jurisdiction.
July 9, 2019 PER CURIAM.
DENIED. See Knight v. State, 267 So. 3d 38 (Fla. 1st DCA 2018), review granted, No. SC18-309 (Fla. June 25, 2018).
WETHERELL, OSTERHAUS, and WINOKUR, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Smart v. State (Fla. 1st DCA 2019)…The petition is treated as a petition for writ of habeas corpus and is dismissed. See Baker v. State, 878 So. 2d 1236 (Fla. 2004). Petitioner is unable to show manifest injustice to allow a writ of habeas corpus to issue because in Knight v. State, 267 So. 3d 38 (Fla. 1st DCA 2018), review granted, SC18-309, 2018 WL 3097727 (Fla. Jun. 25, 2018), we held harmless error applies to a claim that the trial court failed to instruct on attempted voluntary manslaughter as a necessary lesser included offense of atte…
-
James v. State, 275 So. 3d 250 (Fla. 1st DCA 2019)…PER CURIAM. DENIED. See Knight v. State, 267 So. 3d 38 (Fla. 1st DCA 2018), review granted, No. SC18-309 (Fla. June 25, 2018). WETHERELL, OSTERHAUS, and WINOKUR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.…
-
Franklin v. State, 272 So. 3d 860 (Fla. 2d DCA 2019)…ed offense is not per se reversible-was binding precedent because it was incorporated by the four-vote plurality opinion, the result of which was dependent on the harmless error rationale in Justice Polston's concurring opinion. See Knight v. State, 267 So. 3d 38, 44 (Fla. 1st DCA 2018) (certifying conflict with Caruthers ). Under the well-reasoned holding of the supreme court's Dean decision, Franklin's petition alleging ineffective assistance of appellate counsel should be denied because the trial court's…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Knight v. State, 267 So. 3d 38 (Fla. 1st DCA 2016)
- Smart v. State (Fla. 1st DCA 2019)
- James v. State, 275 So. 3d 250 (Fla. 1st DCA 2019)