Legal Opinion

Terry v. State

District Court of Appeal of Florida

Decided March 8, 2005No. 1D04-1436Published

1Per curiam

The appellant appeals the denial of his rule 3.850 motion following an evidentiary hearing. As his third and fourth grounds for relief, the appellant asserted ineffective assistance of counsel claims for trial counsel’s failure to preserve certain issues for appellate review. The trial court denied the claims on the basis that the claims were not cognizable in a rule 3.850 motion because they could have been raised on direct appeal. The appellant contends that the trial court erred in denying the claims on that basis. We agree.

Ineffective assistance of counsel claims, including those alleging…

2Cases cited2 opinions

  1. Chambers v. StateDistrict Court of Appeal of Florida · 1988
  2. Johnson v. StateDistrict Court of Appeal of Florida · 2004

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