POOLE ENGINEERING COMPANY OF FORT WALTON BEACH, A FLORIDA CORPORATION, APPELLANT,

v.

CHARLES D. STEWART, APPELLEE

Citator

Cited By

• Gonzalez v. State, 579 So. 2d 145 (Fla. 3d DCA 1991)
  …cisions of counsel do not justify post conviction relief. Buford v. State, 492 So. 2d 355 (Fla.1986); Straight v. Wainwright, 422 So. 2d 827 (Fla.1982). Even where the tactical decision evinces bad judgment, relief is not justified. Fisher v. State, 239 So. 2d 863 (Fla. 3d DCA 1970). Finally, in order to obtain relief, appellant must not only show that the errors committed by counsel fell outside the range of professionally acceptable performance, but also that there is a reasonable probability that, but for…
• Jemel Watson v. State, 633 So. 2d 525 (Fla. 2d DCA 1994)
  …e child was extremely prejudicial, we cannot conclude that such testimony rendered the trial itself illegal. Although the decision of trial counsel to object or to move to suppress evidence is a matter of judgment or strategy, see Fisher v. State, 239 So. 2d 863 (Fla. 3d DCA 1970), Watson, in a proceeding before the trial court, might be able to prove that his counsel was ineffective in. failing to request removal of Watson’s jury during Tomingo’s case. Affirmed without prejudice to the appellant’s right…
• Jessie v. State, 726 So. 2d 356 (Fla. 5th DCA 1999)
  …lice lacked probable cause to arrest him. The absence of probable cause for an arrest is an issue that could have and should have been raised on direct appeal, and it is accordingly not a viable basis for post-conviction relief. See Fisher v. State, 239 So. 2d 863 (Fla. 3d DCA 1970). This argument appears to be an attempt to re-litigate substantive [*357] matters which should have been presented on direct appeal, under the guise of ineffective assistance of counsel. In any event, the point is conclusively re…