KARARA

v.

COMMISSIONER OF INTERNAL REVENUE

Citator

Cited By

• Grim v. State, 841 So. 2d 455 (Fla. 2003)
  …penalty phase jury if the defendant has knowingly and voluntarily waived the presentation of such evidence. See Nixon v. Singletary, 758 So. 2d 618, 625 (Fla.) (“[T]he defendant, not the at [*462] torney, is the captain of the ship.”), cert. denied, 531 U.S. 980, 121 S.Ct. 429, 148 L.Ed.2d 437 (2000); Koon v. Dugger, 619 So. 2d 246 (Fla.1993); Farr v. State, 621 So. 2d 1368 (Fla.1993). In his second issue on appeal, Grim asserts that the trial court abused its discretion in failing to call Dr. James Larson…
• Cooper v. State, 835 So. 2d 1250 (Fla. 4th DCA 2003)
  …ment and failed to subject the state’s case to meaningful adversarial testing. A presumption of ineffectiveness arises in this situation unless Cooper consented to counsel’s strategy. See Nixon v. Singletary, 758 So. 2d 618 (Fla.2000), cert. denied, 531 U.S. 980, 121 S.Ct. 429, 148 L.Ed.2d 437 (2000); Smallwood v. State, 809 So. 2d 56 (Fla. 5th DCA 2002); United States v. Cronic, 466 U.S. 648, 659, 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984). The record attachments provided by the trial court do not conclusively…
• Smallwood v. State, 809 So. 2d 56 (Fla. 5th DCA 2002)
  …, he or she must demonstrate (1) deficient performance by counsel and (2) prejudice to the defense. Nixon v. Singletary, 758 So. 2d 618, 621 (Fla.) (citing Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984)), cert. denied, 531 U.S. 980, 121 S.Ct. 431, 148 L.Ed.2d 438 (2000). An exception to the Strickland standard provides that when trial counsel “ ‘entirely fail[ed] to subject the prosecution’s case to meaningful adversarial testing,’” a presumption of ineffective assistance ar…