Legal Opinion

Clark v. State

District Court of Appeal of Florida

Decided March 9, 2005No. 2D04-5327PublishedCited by 1 opinion

1Opinion of the Court

ALTENBERND, Chief Judge.

Tavares Clark appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm without comment as to claims one, three, and four of Mr. Clark’s motion and reverse as to claim two.

In claim two, Mr. Clark alleges that trial counsel was ineffective for failing to file a motion to suppress his confession, which was obtained in violation of his Miranda1 rights. The trial court denied the claim, concluding it had been raised on direct appeal, and attached the statement of judicial acts to be reviewed to…

2Cases cited5 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Corzo v. StateDistrict Court of Appeal of Florida · 2002
  3. Savage v. StateDistrict Court of Appeal of Florida · 2002
  4. Rodriguez v. StateDistrict Court of Appeal of Florida · 2004
  5. Stephens v. StateDistrict Court of Appeal of Florida · 1999

3Cited by1 opinion

  1. McNair v. StateDistrict Court of Appeal of Florida · 2006

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