Legal Opinion

Thier v. State

District Court of Appeal of Florida

Decided March 7, 2012No. 4D10-4350PublishedCited by 1 opinion

1Per curiam

We affirm the summary denial of appellant’s motion for postconviction relief.

As to claims of lack of jurisdiction because of lack of oaths of officials, see Calixte v. State, 53 So.3d 385 (Fla. 4th DCA 2011). As to claims regarding failure to argue the motion to quash the information, the pro se motion to quash was filed, adopted by counsel, and could have been raised as an issue on appeal. It was not, because it was entirely meritless. See Fla. R.Crim. P. 3.140(g) and State v. Weir, 488 So.2d 557, 558 (Fla. 5th DCA 1986). As to the failure to strike the juror for cause, not only did…

2Cases cited8 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Spera v. StateSupreme Court of Florida · 2007
  3. Carratelli v. StateSupreme Court of Florida · 2007
  4. Mauldin v. StateDistrict Court of Appeal of Florida · 2009
  5. Boudreaux v. StateDistrict Court of Appeal of Florida · 2010

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3Cited by1 opinion

  1. Roberts v. StateDistrict Court of Appeal of Florida · 2012

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