State v. Comesana
District Court of Appeal of Florida
1Opinion of the Court
WELLS, Judge.
The state appeals an order granting Damian Comesana’s claim of ineffective assistance of counsel and ordering a new trial. See Fla. R.Crim. P. 3.850. To demonstrate ineffective assistance of counsel, a claimant for postconviction relief must show that his counsel’s performance was deficient and that there is a reasonable probability that counsel’s deficient performance affected the outcome of the trial. See Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); Chandler v. State, 848 So.2d 1031, 1035 (Fla.2003).1 We conclude that the Comesana failed…
2Cases cited12 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Stephens v. StateSupreme Court of Florida · 1999
- Murphy v. International Robotic Systems, Inc.Supreme Court of Florida · 2000
- Rutherford v. StateSupreme Court of Florida · 1998
- Craig v. StateSupreme Court of Florida · 1987
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3Cited by1 opinion
- Bodie v. StateDistrict Court of Appeal of Florida · 2007