Legal Opinion

Ferguson v. State

District Court of Appeal of Florida

Decided October 31, 2012No. 4D11-3654PublishedCited by 5 opinions

1Opinion of the CourtWarner, J.

We affirm the summary denial of appellant’s motion for postconviction relief from his convictions for burglary of a dwelling and grand theft. Although he raises multiple claims of ineffective assistance of counsel and other errors, all can be disposed of as a matter of law.

Several of his claims involve his major contention that a detective provided perjured testimony. Under Giglio v. U.S., 405 U.S. 150, 153-54, 92 S.Ct. 763, 766, 31 L.Ed.2d 104 (1972), knowing use of perjured testimony at trial deprives a criminal defendant of due process if the testimony *897is otherwise harmful. However,…

2Cases cited15 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Giglio v. United StatesSupreme Court of the United States · 1972
  3. Michel v. LouisianaSupreme Court of the United States · 1956
  4. Affronti v. United StatesSupreme Court of the United States · 1955
  5. Carratelli v. StateSupreme Court of Florida · 2007

10 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. & SC13-2330 Michael A. Hernandez, Jr. v. State of Florida and Michael A. Hernandez, Jr. v. Julie L. Jones, etc.Supreme Court of Florida · 2015
  2. Allen Burkhalter v. State of FloridaDistrict Court of Appeal of Florida · 2019
  3. Fields v. Secretary, Florida Department of Corrections (Duval County)District Court, M.D. Florida · 2023
  4. Mellard v. Florida Department of CorrectionsDistrict Court, S.D. Florida · 2025
  5. State of Florida v. Robert Jean MorrisDistrict Court of Appeal of Florida · 2024

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