CHRISTOPHER J. HRANEK
v.
STATE OF FLORIDA

Fla. 1st DCA | 2021-09-22
No. 21-1863
Mount
Florida District Court of Appeal, First District (2021)

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Holding

The petition alleging ineffective assistance of appellate counsel is denied on the merits.


Headnotes

[1] A decision on an extraordinary writ petition decided on the merits constitutes a decision that bars the petitioner from presenting the same issue in subsequent proceeding…

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Facts & Procedural History

Christopher Hranek filed a pro se petition in the Florida First District Court of Appeal seeking relief for alleged ineffective assistance of appellat…

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Opinion of the Court

Petition Alleging Ineffective Assistance of Appellate Counsel— Original Jurisdiction.

September 22, 2021 PER CURIAM.

The Court denies the petition alleging ineffective assistance of appellate counsel on the merits. See Topps v. State, 865 So. 2d 1253, 1258 (Fla. 2004) (explaining that a decision on an extraordinary writ petition that “clearly shows that the issue was considered by the court on the merits” is deemed a decision “which would later bar the litigant from presenting the issue under the doctrines of res judicata or collateral estoppel”).

RAY, JAY, and TANENBAUM, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ Christopher J. Hranek, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent.


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