OLIVERI

v.

IOWA

Citator

Cited By (38 total)

• State v. Paul, 638 So. 2d 537 (Fla. 5th DCA 1994)
  …ate, 389 So. 2d 1197 (Fla. 5th DCA 1980); Richert v. State, 338 So. 2d 40 (Fla. 4th DCA 1976), cert. denied, 346 So. 2d 1250 (Fla.1977); United States v. Trull, 581 F. 2d 551 (5th Cir.1978); Tyler v. Beto, 391 F. 2d 993 (5th Cir.1968), cert. denied, 393 U.S. 1030, 89 S.Ct. 642, 21 L.Ed.2d 574 (1969); Fast v. Wainwright, 310 F.Supp. 404 (S.D.Fla.1970), affirmed, 439 F. 2d 1162 (5th Cir.1971). See also Rodriguez v. State, 436 So. 2d 219 (Fla. 3d DCA 1983), rev. denied, 447 So. 2d 888 (Fla.1984); State v. Garci…
• Brown v. State, 711 So. 2d 236 (Fla. 5th DCA 1998)
  …until 13 years after conviction, defense attorney who could refute claim was deceased, and claim counsel ignored request to appeal was not raised in prior post-conviction motions). See also Tyler v. Beto, 391 F. 2d 993 (5th Cir.1968), cert. denied, 393 U.S. 1030, 89 S.Ct. 642, 21 L.Ed.2d 574 (1969) (laches applied where defendant waited 25 years before seeking appeal and judge, prosecutor and both defense attorneys were then dead). Since the state concedes it cannot refute Brown’s allegation that he reques…
• United States v. Decoster, 624 F.2d 196 (D.C. Cir. 1976)
  …vely, . . . they fail to meet the “stringent standards to be met to show inadequacy of counsel” . The Fifth Circuit stated in Burston v. Caldwell, 506 F. 2d 24, 28 (5th Cir. 1975), quoting Tyler v. Beto, 391 F. 2d 993 (5th Cir. 1973), cert. denied, 393 U.S. 1030, 89 S.Ct. 642, 21 L.Ed.2d 574, that the petitioner has a “heavy burden” to establish ineffective assistance of counsel. The Ninth Circuit also appears to be in accord with these decisions, Cooper v. Fitzharris, 586 F. 2d 1325, 1331, 1333 (9th Cir. 1…