Legal Opinion · Concurrence

Brown v. State

District Court of Appeal of Florida

Decided April 3, 2009No. 1D08-6126Published

1ConcurrenceBrowning, J.

In Appellant’s original appeal, I dissented from the majority opinion upholding the trial court’s failure to grant a continuance. See Brown v. State, 942 So.2d 12 (Fla. 1st DCA 2006) (Browning, J., dissenting). We are now faced with the consequences of such result and must affirm, because Appellant cannot show ineffective assistance of counsel with prejudice.- Unfortunately, Appellant’s alleged errors were not caused by his counsel, but, in my view, by the trial court’s failure to follow existing case law and this court’s failure to correct-it. A far, far better result would have been…

2Cases cited1 opinion

  1. Brown v. StateDistrict Court of Appeal of Florida · 2006

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