EARNEST BYRD, JR., APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Complaints of ineffective assistance of privately retained counsel are generally not considered on direct appeal.
Appellant was convicted of two offenses and appealed, arguing his privately retained counsel was ineffective.…
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This is a direct appeal from two convictions in the Criminal Court of Record of Dade County, Florida, judgments and sentences thereon accordingly.
The principal point on appeal was that the appellant was not properly represented in the trial court by his privately retained counsel.1
Generally, complaints of ineffective assistance of counsel will not be received on appeal wherein such counsel was privately retained. Everett v. State, Fla. App.1964, 161 So.2d 714; Amaral v. State, Fla.App.1965, 171 So.2d 549; Todd v. State, Fla.App.1965, 176 So.2d 344; Coyner v. State, Fla.App.1965, 177 So.2d 715.
The appellant also complains that his counsel failed to call witnesses for his defense and this denied him a fair trial. This is without merit. Simpson v. State, Fla.App.1964, 164 So.2d 224; Jackson v. State, Fla.App.1964, 166 So.2d 194; Smith v. State, Fla.App.1965, 180 So.2d 675.
Therefore, no error appearing in the convictions and judgments here under review, they are hereby affirmed.
Affirmed.
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Vagner v. Louie L. Wainwright, 398 So. 2d 448 (Fla. 1981)…, 237 So. 2d 752 (Fla.1970); Belsky v. State, 231 So. 2d 256 (Fla. 3d DCA 1970); Brown v. State, 223 So. 2d 337 (Fla. 3d DCA), cert. denied, 229 So. 2d 866 (Fla. 1969), cert. denied, 397 U.S. 969, 90 S.Ct. 1009, 25 L.Ed.2d 262 (1970); Byrd v. State, 220 So. 2d 14 (Fla. 3d DCA 1969); Frizzell v. State, 213 So. 2d 293 (Fla. 2d DCA 1968); Ford v. State, 210 So. 2d 33 (Fla. 2d DCA 1968). The rule has also been applied when the issue of incompetence of retained counsel was raised on appeal of the judgment of conv…
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Humphries v. State, 232 So. 2d 23 (Fla. 1st DCA 1970)…nal guarantee of due process and equal protection of the laws. The order appealed is accordingly affirmed. CARROLL, DONALD K., Acting C. J., and RAWLS, J., concur. . Humphries v. State, (Fla.App.1968) 215 So. 2d 45. . Byrd v. State (Fla.App.1969) 220 So. 2d 14; Frizzell v. State, (Fla.App.1968) 213 So. 2d 293; Ford v. State, (Fla.App.1968) 210 So. 2d 33; Cappetta v. Wainwright, (Fla.1967) 203 So. 2d 609; Simpson v. State, (Fla.App.1964) 164 So. 2d 224; Everett v. State, (Fla.App.1964) 161 So. 2d 714. . R…
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Ivey v. Dep't OF Child. & Fam. Servs., 974 So. 2d 480 (Fla. 2d DCA 2008)…uoting Edwards v. United States, 256 F. 2d 707, 709 (D.C.Cir.1958)).2 The theory was not generally available prior to that time because one could not generally make a claim of ineffective assistance for privately retained counsel. See Byrd v. State, 220 So. 2d 14 (Fla. 3d DCA 1969). Thus, until the United States Supreme Court held that the Sixth Amendment right to counsel applied to the states in Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963), this theory had virtually no application…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (12 total)
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Simpson v. State, 164 So. 2d 224 (Fla. 3d DCA 1964)
- Everett v. State, 161 So. 2d 714 (Fla. 3d DCA 1964)
- Jackson v. State, 166 So. 2d 194 (Fla. 3d DCA 1964)
- Coyner v. State, 177 So. 2d 715 (Fla. 3d DCA 1965)
- State v. Herzig, 208 So. 2d 619 (Fla. 1968)
- Amaral v. State, 171 So. 2d 549 (Fla. 3d DCA 1965)
- Herzig v. State, 200 So. 2d 632 (Fla. 4th DCA 1967)
- In re Est. of Ludwig Scheidig, 180 So. 2d 675 (Fla. 1st DCA 1965)
- Smith v. State, 180 So. 2d 675 (Fla. 3d DCA 1965)