JUAN AGUILAR
v.
THE STATE OF FLORIDA
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The trial court properly denied the appellant's post-conviction ineffective assistance of counsel claims except for ground five, which warranted an evidentiary hearing.
[1] Trial counsel is not ineffective for failing to present cumulative evidence when other witnesses have already provided substantially similar testimony at trial.
[2] Trial counsel cannot be deemed ineffective for failing to present evidence that is inadmissible.
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Join FLexlaw to unlock all legal intelligenceJuan Aguilar appealed the trial court's denial of his Rule 3.850 post-conviction motion in which he raised eight grounds of ineffective assistance of …
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GORDO, J.
Juan Aguilar appeals the trial court’s denial of his post-conviction motion pursuant to Florida Rule of Criminal Procedure 3.850 alleging eight grounds of ineffective assistance of counsel. We have jurisdiction. Fla. R. App. P. 9.140(b)(D). Because the trial court properly granted an evidentiary hearing as to ground five and correctly denied all other grounds, we affirm. See Arbelaez v. State, 898 So. 2d 25, 32 (Fla. 2005) (“After an evidentiary hearing on a claim of ineffective assistance of counsel, we review the deficiency and prejudice prongs as ‘mixed questions of law and fact subject to a de novo review standard but . . . the trial court’s factual findings are to be given deference. So long as the [trial court’s] decisions are supported by competent, substantial evidence, this Court will not substitute its judgment for that of the trial court on questions of fact and, likewise, on the credibility of the witnesses and the weight to be given to the evidence.’”) (quoting Sochor v. State, 883 So. 2d 766, 781 (Fla. 2004)); Smithers v. State, 18 So. 3d 460, 464 (Fla. 2009) (“Without a showing of such actual bias of the juror, the defendant cannot establish the prejudice required by Strickland.”); Owen v. State, 986 So. 2d 534, 546 (Fla. 2008) (“Trial counsel cannot be deemed ineffective for failing to present inadmissible evidence.”); Darling v. State, 966 So. 2d 366, 377 (Fla. 2007) (“[T]his Court has held that even if alternate witnesses could provide more detailed testimony, trial counsel is not
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Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Sochor v. State, 883 So. 2d 766 (Fla. 2004)
- Parker v. State, 904 So. 2d 370 (Fla. 2005)
- Arbelaez v. State, 898 So. 2d 25 (Fla. 2005)
- Israel v. State, 985 So. 2d 510 (Fla. 2008)
- Dolan Darling v. State, 966 So. 2d 366 (Fla. 2007)
- Owen v. State, 986 So. 2d 534 (Fla. 2008)
- Nelson v. State, 73 So. 3d 77 (Fla. 2011)
- Smithers v. State, 18 So. 3d 460 (Fla. 2009)