Legal Opinion

State v. Comesana

District Court of Appeal of Florida

Decided May 4, 2005No. 3D04-949PublishedCited by 1 opinion

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

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Stephens v. StateSupreme Court of Florida · 1999
  3. Murphy v. International Robotic Systems, Inc.Supreme Court of Florida · 2000
  4. Rutherford v. StateSupreme Court of Florida · 1998
  5. Craig v. StateSupreme Court of Florida · 1987

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3Cited by1 opinion

  1. Bodie v. StateDistrict Court of Appeal of Florida · 2007

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