Legal Opinion

Boehm v. State

District Court of Appeal of Florida

Decided January 17, 2001No. 4D00-4110PublishedCited by 2 opinions

1Opinion of the CourtWarner, C.J.

We affirm the summary denial of appellant’s motion for postconviction relief. Two of appellant’s three grounds concerned trial court errors that should have been raised on direct appeal and thus cannot be grounds for postconviction relief. The third ground alleges ineffective assistance of counsel for failing to inform appellant of voluntary intoxication as his only *333viable defense. Because the sworn allegations are insufficient to warrant relief, appellant was not entitled to an evidentiary hearing on this issue.

We have held that a postconviction claim alleging ineffective assistance for…

2Cases cited4 opinions

  1. Kennedy v. StateSupreme Court of Florida · 1989
  2. LeCroy v. DuggerSupreme Court of Florida · 1998
  3. Kitchen v. StateDistrict Court of Appeal of Florida · 2000
  4. McKinney v. StateDistrict Court of Appeal of Florida · 1998

3Cited by2 opinions

  1. Straitwell v. StateDistrict Court of Appeal of Florida · 2003
  2. Scott v. StateDistrict Court of Appeal of Florida · 2003

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