NICHOLAS CHRISTOPHER FERRO
v.
THE STATE OF FLORIDA
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Strategic decisions by trial counsel do not constitute ineffective assistance of counsel when the attorney considered and rejected alternative courses and the decision was reasonable under professional norms.
[1] Judicial scrutiny of counsel's performance must be highly deferential.
[2] Strategic decisions by counsel do not constitute ineffective assistance if alternative courses were considered and rejected, and the decision was reasonable under profess…
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Join FLexlaw to unlock all legal intelligence“Judicial scrutiny of counsel's performance must be highly deferential.”
Standard of review for ineffective assistance of counsel claims
Nicholas Christopher Ferro appealed a conviction from Monroe County Circuit Court, raising an ineffective assistance of counsel claim regarding his tr…
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PER CURIAM.
Affirmed. See Durousseau v. State, 218 So. 3d 405, 410 (Fla. 2017) (“Judicial scrutiny of counsel’s performance must be highly deferential.”
(quoting Strickland v. Washington, 466 U.S. 668, 689 (1984))); Occhicone v. State, 768 So. 2d 1037, 1048 (Fla. 2000) (“[S]trategic decisions do not constitute ineffective assistance of counsel if alternative courses have been considered and rejected and counsel’s decision was reasonable under the norms of professional conduct.”); see also Peede v. State, 955 So. 2d 480, 494 (Fla. 2007) (“The fact that [defendant] produced more favorable expert testimony at his evidentiary hearing is not reason enough to deem trial counsel ineffective. Postconviction experts have the benefit of hindsight, and of researching for a long period of time the factual circumstances surrounding the case with the benefit of the trial record.” (internal citation omitted)); Henry v. State, 948 So. 2d 609, 620 (Fla. 2006) (“When determining whether counsel’s performance is deficient, our duty is to make every effort ‘to eliminate the distorting effects of hindsight . . . [and] evaluate the conduct from counsel’s perspective at the time [counsel prepared for trial].’” (quoting Strickland, 466 U.S. at 689)).
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Pano Anastasato and Janice Anastasato v. Commissioner OF Internal Revenue. Appeal of Pano Anastasato, 794 F.2d 884 (3d Cir. 1986)…2d 549 (3d Cir.1977) (gambling); Pizzarello v. U.S., 408 F. 2d 579 (2d Cir.), cert. denied, 396 U.S. 986, 90 S.Ct. 481, 24 L.Ed.2d 450 (1969) (gambling); Dellacroce v. Commissioner, 83 T.C. 269 (1984) (racketeering payoff); Llorente v. Commissioner, 74 T.C. 260 (1980), aff'd in part and rev’d in part, 649 F. 2d 152 (2d Cir.1981) (drugs). Given the obvious difficulties in proving the nonreceipt of income, we believe the Commissioner should have to provide evidence linking the taxpayer to the tax-generating…
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United States v. Walton, 909 F.2d 915 (6th Cir. 1990)…has held that it will entertain a taxpayer’s bare allegation of arbitrariness if the Commissioner has relied solely on the presumption of correctness and does not submit any direct evidence in support of the assessment. See Llorente v. Commissioner, 74 T.C. 260, 264 (1980), aff'd in part and rev’d in part on other grounds, 649 F. 2d 152 (2d Cir.1981); Jackson v. Commissioner, 73 T.C. 394, 410 (1979). Here, the government placed certificates of assessment in evidence, to which the presumption of correctnes…
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Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)
- Occhicone v. State, 768 So. 2d 1037 (Fla. 2000)
- Peede v. State, 955 So. 2d 480 (Fla. 2007)
- Henry v. State, 948 So. 2d 609 (Fla. 2006)
- Durousseau v. State, 218 So. 3d 405 (Fla. 2017)