PELULLO

v.

UNITED STATES

Citator

Cited By

• Peterka v. State, 890 So. 2d 219 (Fla. 2004)
  …rt his claim of ineffective assistance of counsel, this Court has rejected the argument that an on-the-record waiver is required. See Davis v. State, 875 So. 2d 359, 368-69 (Fla.2003); Lawrence v. State, 831 So. 2d 121, 132 (Fla.2002), cert. denied, 538 U.S. 926, 123 S.Ct. 1575, 155 L.Ed.2d [*236] 319 (2003). Accordingly, we affirm the trial court’s denial of relief on this claim. C. Penalty Phase Peterka next argues that the trial court erred in denying five claims of ineffective assistance of counsel du…
• Gutierrez v. State, 860 So. 2d 1043 (Fla. 5th DCA 2003)
  …for relief, the first three alleging ineffective assistance of trial counsel. There is a strong presumption that counsel’s conduct falls within the wide range of reasonable performance. See Lawrence v. State, 831 So. 2d 121 (Fla.2002), cert. denied, 538 U.S. 926, 123 S.Ct. 1575, 155 L.Ed.2d 319 (2003). To prevail on a claim of ineffective assistance, a defendant must first show that counsel’s performance was deficient, in that his or her representation fell below the objective standard of reasonableness bas…
• Lawrence v. Florida, 549 U.S. 327 (U.S. 2007)
  …Florida Supreme Court affirmed, issuing its mandate on November 18, 2002. See Lawrence v. State, 831 So. 2d 121 (per curiam). Lawrence sought review of the denial of state postconviction relief in this Court. We denied certiorari on March 24, 2003. 538 U. S. 926. While Lawrence’s petition for certiorari was pending, he filed the present federal habeas application. The Federal District Court dismissed it as untimely under §2244(d)’s 1-year limitations period. All but one day of the limitations period had la…