Legal Opinion · Dissent

& SC12-2619 Pablo Ibar v. State of Florida and Pablo Ibar v. Julie L. Jones, etc.

Supreme Court of Florida

Decided February 4, 2016No. SC12-522Published

1DissentQuince, J.

I agree that Morgan’s'performance was deficient, but based ■ on Ibar’s failure ■ to establish prejudice, I respectfully dissent from the majority’s decision to grant relief on Ibar’s claim of ineffective assistance of counsel based on Morgan’s failure to procure a facial identification expert.

In order to establish prejudice, a defendant must show “a reasonable probability that ‘but for counsel’s unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome.’ ” Bradley, 33 So.3d at 672…

2Cases cited4 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Harrington v. RichterSupreme Court of the United States · 2011
  3. Ibar v. StateSupreme Court of Florida · 2006
  4. McQuitter v. StateDistrict Court of Appeal of Florida · 2012

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