Hamner v. State
District Court of Appeal of Florida
1Opinion of the CourtGerber, J.
The defendant below, convicted and sentenced for sexual battery without physical force, appeals the trial court’s denial of his motion for postconviction relief alleging ineffective assistance of counsel. To prevail on a claim of ineffective assistance, a defendant must show (1) that counsel’s performance was deficient, and (2) that the deficient performance prejudiced the defense. Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674 (1984). Here, even if defendant’s trial counsel’s performance was deficient in limited respects, no reasonable probability exists…
2Cases cited6 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Kenneth G. Pavel v. Melvin L. Hollins, Superintendent, Oneida Correctional Facility Eliot L. Spitzer, Attorney General of New York StateCourt of Appeals for the Second Circuit · 2001
- John Wayne Holsomback v. J.D. White, Warden, Attorney General of the State of AlabamaCourt of Appeals for the Eleventh Circuit · 1998
- Bates v. StateSupreme Court of Florida · 2009
- Jones v. StateDistrict Court of Appeal of Florida · 2004
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3Cited by1 opinion
- Hamner v. Deputy Secretary of the Florida Department of Corrections, Etc.Court of Appeals for the Eleventh Circuit · 2011