& SC12-2619 Pablo Ibar v. State of Florida and Pablo Ibar v. Julie L. Jones, etc.
Supreme Court of Florida
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
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Harrington v. RichterSupreme Court of the United States · 2011
- Ibar v. StateSupreme Court of Florida · 2006
- McQuitter v. StateDistrict Court of Appeal of Florida · 2012