Legal Opinion

Kirkland v. State

District Court of Appeal of Florida

Decided February 6, 2009No. 2D08-1077PublishedCited by 1 opinion

1Opinion of the Court

WALLACE, Judge.

Antonio M. Kirkland challenges the final order that denied his motion for postcon-viction relief under Florida Rule of Criminal Procedure 3.850. In his postconviction motion, Mr. Kirkland asserted eleven claims of ineffective assistance of counsel. The postconviction court summarily denied all of the claims. We affirm without comment the postconviction court’s denial of Mr. Kirkland’s motion as to claims B, C, E, F, H, I, J, and K. However, because claims A, D, and G present facially sufficient claims that are not conclusively refuted by the record, we reverse the order as it…

2Cases cited7 opinions

  1. Garcia v. StateSupreme Court of Florida · 1986
  2. Thompson v. StateSupreme Court of Florida · 2008
  3. Doward v. StateDistrict Court of Appeal of Florida · 2001
  4. Chandler v. StateDistrict Court of Appeal of Florida · 2003
  5. Young v. StateDistrict Court of Appeal of Florida · 2001

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3Cited by1 opinion

  1. Reyna v. StateDistrict Court of Appeal of Florida · 2009

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