Legal Opinion

Dailey v. State

District Court of Appeal of Florida

Decided October 25, 2010No. 1D09-5101PublishedCited by 7 opinions

1Per curiam

Daimon Terrell Dailey appeals his convictions for robbery with a firearm or other deadly weapon and unlawful possession of a firearm by a minor. He argues his defense counsel was ineffective for failing to object to testimony by law enforcement officers improperly bolstering a prosecution witness and commenting on his truthfulness. As a rule, claims of ineffective assistance of counsel are not cognizable on direct appeal and can only be raised in a postconviction motion under Florida Rule of Criminal Procedure 3.850. See Smith v. State, 998 So.2d 516, 522 (Fla.2008); Wuornos v. State, 676…

2Cases cited4 opinions

  1. Corzo v. StateDistrict Court of Appeal of Florida · 2002
  2. Smith v. StateSupreme Court of Florida · 2008
  3. Loren v. StateDistrict Court of Appeal of Florida · 1992
  4. Wuornos v. StateSupreme Court of Florida · 1996

3Cited by7 opinions

  1. Fox v. StateDistrict Court of Appeal of Florida · 2012
  2. Hill v. StateDistrict Court of Appeal of Florida · 2013
  3. Elmore v. StateDistrict Court of Appeal of Florida · 2015
  4. Facin v. StateDistrict Court of Appeal of Florida · 2015
  5. Antonio Morales v. State of FloridaDistrict Court of Appeal of Florida · 2015

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