Legal Opinion · Dissent

Morales v. State

District Court of Appeal of Florida

Decided September 8, 1987No. 86-1526Published

1DissentSchwartz, Chief Judge

As I understand it, reversal is predicated upon the rule that relief from a conviction which follows a conflict of interest must be granted even in the absence of prejudice when the conflict in any way affects the performance of defense counsel. Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); Porter v. Wainwright, 805 F.2d 930 (11th Cir.1986), cert. denied, — U.S.-, 107 S.Ct. 3195, 96 L.Ed.2d 682 (1987). The majority applies this principle to the premise that defense counsel in the present case failed to introduce the taped telephone conversation of the…

2Cases cited9 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Knight v. StateSupreme Court of Florida · 1981
  3. Raleigh Porter v. Louie L. Wainwright, Secretary, Florida Department of Corrections, RespondentCourt of Appeals for the Eleventh Circuit · 1986
  4. Anderson v. StateDistrict Court of Appeal of Florida · 1985
  5. Middleton v. StateSupreme Court of Florida · 1985

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