Legal Opinion

Marquies Brisbane v. State

District Court of Appeal of Florida

Decided May 6, 2016No. 5D15-1945Published

1Opinion of the CourtBerger, J.

In this habeas petition, Marquies Brisbane alleges ineffective assistance of appellate counsel and seeks a new appeal. He argues, inter alia, that counsel was ineffective for failing to supplement the record with the transcript of his voir dire proceedings. We deny the petition and write only to explain why this court’s opinion in Zankman v. State, 992 So.2d 365 (Fla. 5th DCA 2008), does not entitle Brisbane to a new appeal.

“A petition for writ of habeas corpus is the proper vehicle for a claim of ineffective assistance of appellate counsel.” Hampton v. State, 178 So.3d 921, 922 (Fla. 5th DCA…

2Cases cited19 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Anders v. CaliforniaSupreme Court of the United States · 1967
  3. State v. CauseySupreme Court of Florida · 1987
  4. Knight v. StateSupreme Court of Florida · 1981
  5. Freeman v. StateSupreme Court of Florida · 2000

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