Legal Opinion
Nerey v. State
District Court of Appeal of Florida
Decided March 22, 1994No. 93-1911PublishedCited by 2 opinions
1Per curiam
This claim of ineffective assistance of appellate counsel is properly raised by petition for habeas corpus. State v. District Court of Appeal of Florida, First District, 569 So.2d 439 (Fla.1990). Having considered the error claimed, we deny the petition.
Defendant argues that his appellate counsel was ineffective for failing to argue that defendant did not knowingly, intelligently, and voluntarily waive his Miranda rights, and thus his confession was admitted into evidence in violation of the Fifth Amendment. We disagree. While this claim was preserved for appellate review, it is…
2Cases cited7 opinions
- Jones v. BarnesSupreme Court of the United States · 1983
- Smith v. MurraySupreme Court of the United States · 1986
- Ross v. MoffittSupreme Court of the United States · 1974
- Wainwright v. TornaSupreme Court of the United States · 1982
- State v. Dist. Ct. of Appeal, First Dist.Supreme Court of Florida · 1990
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3Cited by2 opinions
- Partridge v. MooreDistrict Court of Appeal of Florida · 2000
- Joseph v. StateDistrict Court of Appeal of Florida · 2013