MATTHEW EDGAR BRODMAN
v.
STATE OF FLORIDA

Fla. 5th DCA | 2024-12-20
No. 5D2024-2535
342 So. 3d 830 Florida District Court of Appeal, Fifth District (2024) Positive Treatment
Cited by 3 cases

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Synopsis

Matthew Brodman filed a habeas corpus petition claiming ineffective assistance of appellate counsel after his conviction and sixteen-year prison sentence. The court dismissed the petition with prejudice because Brodman's twenty claims were conclusory and lacked sufficient supporting facts to demonstrate relief.

Holding

The habeas corpus petition is dismissed with prejudice because Brodman's twenty claims are conclusory and lack the supporting facts necessary to demonstrate a basis for relief.

Headnotes

[1] A habeas corpus petition is the proper vehicle to raise claims of ineffective assistance of appellate counsel.

[2] Conclusory allegations in a habeas corpus petition lacking supporting facts are insufficient to demonstrate a basis for relief.

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Key Quotes

“While a habeas petition is the proper vehicle by which to allege ineffective assistance of appellate counsel, see Valle v. Moore, 837 So. 2d 905, 907 (Fla. 2002), Brodman's twenty claims within his petition are conclusory and lack supporting facts sufficient to demonstrate a basis for relief.”

Establishes that while habeas is the proper procedure, the petition must contain factual support beyond conclusory allegations to succeed
Facts & Procedural History

Brodman was convicted of multiple crimes and sentenced to more than sixteen years in prison. Following his conviction, he filed a habeas corpus petiti…

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Topics
Ineffective Assistance Of Appellate Counsel Writ Of Habeas Corpus

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Opinion of the Court

December 20, 2024 PER CURIAM.

Following his conviction for multiple crimes and his more- than-sixteen-year prison sentence, Appellant Matthew Brodman filed his petition for writ of habeas corpus claiming ineffective assistance of appellate counsel. While a habeas petition is the proper vehicle by which to allege ineffective assistance of appellate counsel, see Valle v. Moore, 837 So. 2d 905, 907 (Fla. 2002), Brodman’s twenty claims within his petition are conclusory and lack supporting facts sufficient to demonstrate a basis for relief. Accordingly, Brodman’s petition is dismissed with prejudice. See Eleazer v. State, 342 So. 3d 830 (Fla. 1st DCA 2022).

DISMISSED WITH PREJUDICE. WALLIS, SOUD, and KILBANE, 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

  • Brodman v. State, 342 So. 3d 830 (Fla. 5th DCA 2024)
    …, 837 So. 2d 905, 907 (Fla. 2002), Brodman’s twenty claims within his petition are conclusory and lack supporting facts sufficient to demonstrate a basis for relief. Accordingly, Brodman’s petition is dismissed with prejudice. See Eleazer v. State, 342 So. 3d 830 (Fla. 1st DCA 2022). DISMISSED WITH PREJUDICE. WALLIS, SOUD, and KILBANE, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.…
  • Barrett v. State (Fla. 3d DCA 2026)
    …(dismissing with prejudice legally insufficient petition for writ of habeas corpus alleging ineffective assistance of appellate counsel where “petitioner did not allege any supporting facts or references to the record at all") and Eleazer v. State, 342 So. 3d 830, 830 (Fla. 1st DCA 2022) (“Because Petitioner's claims are conclusory and lack supporting facts to demonstrate a basis for relief, the petition alleging ineffective assistance of appellate counsel is dismissed with prejudice.")). See also Barrett v.…
  • Barrett v. State (Fla. 3d DCA 2025)

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