JULIUS CEASAR MERRILL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Rule 3.850 Motion For Post-Conviction Relief cases and more on FLexlaw
PER CURIAM.
In our consideration of this appeal from the summary denial of appellant’s Rule 3.850 motion, we have examined the record of appellant’s direct appeal, Merrill v. State, 351 So. 2d 411 (Fla. 1st DCA 1977), in addition to appellant’s present contentions. Appellant’s claim of relief based upon sufficiency of the evidence is without merit. This matter was raised on his previous appeal and thus does not set forth a proper ground for post-conviction relief. Pitts v. State, 355 So. 2d 505 (Fla. 1st DCA 1978). The allegations concerning jury instructions attempt to raise matters which properly should have been raised on direct appeal. Ashley v. State, 350 So. 2d 839 (Fla. 1st DCA 1977). Further, the lack of objection to certain jury instructions by appellant’s court-appointed counsel does not establish ineffective assistance of counsel since such matters fall within the judgment or strategy of counsel. See, e. g., Beckham v. State, 339 So. 2d 221 (Fla. 3d DCA 1976). The trial court correctly denied appellant’s motion without an evidentiary hearing.
SMITH, Acting C. J., ERVIN, J., and MASON, ERNEST E., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Woods v. State, 531 So. 2d 79 (Fla. 1988)…hould be raised on appeal, claims regarding jury instructions are, in general, not cognizable in 3.850 proceedings. Raulerson v. State, 420 So. 2d 567 (Fla.1982), cert. denied, 463 U.S. 1229, 103 S.Ct. 3572, 77 L.Ed.2d 1412 (1983); Merrill v. State, 364 So. 2d 42 (Fla. 1st DCA 1978), cert. denied, 372 So. 2d 470 (Fla.1979). Here, however, CCR claimed that the trial court instructed the jury to consider a statutory mitigating circumstance as an aggravating circumstance, thereby violating the eighth amendment.…
-
Dismuke v. State, 388 So. 2d 1324 (Fla. 5th DCA 1980)…It is the law of this state that relief under Rule 3.850 is not available as to any matters which were raised on direct appeal or which could have been raised on direct appeal. Mitchell v. State, 381 So. 2d 760 (Fla. 5th DCA 1980); Merrill v. State, 364 So. 2d 42 (Fla. 1st DCA 1978), cert. denied, 372 So. 2d 470 (1979); Burau v. State, 353 So. 2d 1183 (Fla. 3d DCA 1977). Attached to the order entered below is a copy of the statement of judicial acts to be reviewed, filed in the original appeal, which asserts…
-
Pittman v. State, 401 So. 2d 934 (Fla. 1st DCA 1981)…t each of the alleged errors was or should have been apparent to appellant at trial. Since these errors could have been raised on direct appeal, relief pursuant to Rule 3.850, Florida Rules, of Criminal Procedure, is not available. Merrill v. State, 364 So. 2d 42 (Fla. 1st DCA 1978), cert. denied, 372 So. 2d 470 (Fla.1979); Dismuke v. State, 388 So. 2d 1324 (Fla. 5th DCA 1980). Upon our review of the record, we find no error in the trial court’s denial of the motion. In support of appellant’s alternative pr…
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
- Ussery v. State, 350 So. 2d 839 (Fla. 1st DCA 1977)
- Pitts v. State, 355 So. 2d 505 (Fla. 1st DCA 1978)
- Glimmert Beckham v. State, 339 So. 2d 221 (Fla. 3d DCA 1976)