Legal Opinion

King v. State

District Court of Appeal of Florida

Decided June 25, 1997No. 96-3078PublishedCited by 3 opinions

1Per curiam

We treat appellant’s notice of appeal as a petition for habeas corpus seeking a belated appeal pursuant to Florida Rule of Appellate Procedure 9.140®- We grant appellant’s petition for a belated appeal.

Appellant contends the trial court erred when it denied his petition for habeas corpus wherein he claimed ineffective assistance of trial counsel. We affirm. The trial court correctly concluded that claims of ineffective assistance of trial counsel are not cognizable in a petition for habeas corpus and should have been brought in a motion for post-conviction relief pursuant to rule 3.850,…

2Cases cited3 opinions

  1. Isley v. StateDistrict Court of Appeal of Florida · 1995
  2. Breedlove v. SingletarySupreme Court of Florida · 1992
  3. Howarth v. StateDistrict Court of Appeal of Florida · 1996

3Cited by3 opinions

  1. Collins v. StateDistrict Court of Appeal of Florida · 2003
  2. JEAN GEROME v. THE STATE OF FLORIDADistrict Court of Appeal of Florida · 2023
  3. NICHOLAS BLAZEVICH v. THE STATE OF FLORIDADistrict Court of Appeal of Florida · 2021

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