Wilson v. Singletary

Petitioner has failed to show that he received inadequate representation from appellate counsel in his appeal as of right, in which judgment and sentence were affirmed. The appellate mandate was issued in September 1989.

The law in existence at times pertinent did not support raising on appeal the issue that temporal proximity is invalid as a departure reason. Had the issue been raised on appeal, it would have been found without merit. Failure to raise an unmeritorious issue is not ineffective assistance. E.g., Bolender v. Dugger, 564 So.2d 1057, 1059 (Fla.1990), habeas denied, 757 F.Supp.…