TIMOTHY JOHN DONOVAN
v.
STATE OF FLORIDA
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Florida Rule of Appellate Procedure 9.141(d) does not provide a vehicle to challenge postconviction appellate counsel's effectiveness.
[1] Florida Rule of Appellate Procedure 9.141(d) does not provide a vehicle to challenge the effectiveness of appellate counsel in postconviction proceedings.
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Join FLexlaw to unlock all legal intelligence“As Florida Rule of Appellate Procedure 9.141(d) does not provide a vehicle to challenge postconviction appellate counsel's effectiveness, the petition is dismissed.”
Court's statement of the legal ground for dismissal, citing Gilbert v. State
Timothy John Donovan filed a petition alleging ineffective assistance of appellate counsel. The petition was filed pro se.…
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Petition Alleging Ineffective Assistance of Appellate Counsel— Original Jurisdiction.
September 22, 2021 PER CURIAM.
DISMISSED. See Fla. R. App. P. 9.141(d)(5); Gilbert v. State, 315 So. 3d 791, 791 (Fla. 1st DCA 2021) (“As Florida Rule of Appellate Procedure 9.141(d) does not provide a vehicle to challenge postconviction appellate counsel’s effectiveness, the petition is dismissed.”).
LEWIS, MAKAR, and BILBREY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Timothy John Donovan, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent.