Legal Opinion

King v. State

District Court of Appeal of Florida

Decided August 14, 2013No. 4D13-1012PublishedCited by 2 opinions

1Per curiam

The defendant filed a petition for writ of habeas corpus. He alleged ineffectiveness of appellate counsel in failing to challenge the sufficiency of evidence to support the battery on a law enforcement officer conviction in his direct appeal.1 While habeas corpus is the correct vehicle for reviewing appellate counsel’s effectiveness, the defendant cannot show that failure to raise this claim was either deficient performance or prejudicial. Dennis v. State, 109 So.3d 680 (Fla.2012).

*109Section 776.051(1), Florida Statutes (2008), prohibits the use of force to resist either arrest or the execution…

2Cases cited3 opinions

  1. Dennis v. StateSupreme Court of Florida · 2012
  2. Pittman v. StateSupreme Court of Florida · 2011
  3. A.W. v. StateDistrict Court of Appeal of Florida · 2012

3Cited by2 opinions

  1. MICHAEL L. WAITE v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2024
  2. Michael L. Waite v. State of FloridaDistrict Court of Appeal of Florida · 2024

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