David B. Roberts v. State of Florida
This text of David B. Roberts v. State of Florida (David B. Roberts v. State of Florida) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________
No. 1D21-2053 _____________________________
DAVID B. ROBERTS,
Petitioner,
v.
STATE OF FLORIDA,
Respondent. _____________________________
Petition Alleging Ineffective Assistance of Appellate Counsel— Original Jurisdiction.
September 22, 2021
PER CURIAM.
The petition alleging ineffective assistance of appellate counsel is denied on the merits. See Topps v. State, 865 So. 2d 1253, 1258 (Fla. 2004) (explaining that a decision on an extraordinary writ petition that “clearly shows that the issue was considered by the court on the merits” is deemed a decision “which would later bar the litigant from presenting the issue under the doctrines of res judicata or collateral estoppel”).
RAY, JAY, and TANENBAUM, JJ., concur. _____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
David B. Roberts, pro se, Petitioner.
Ashley Moody, Attorney General, Tallahassee, for Respondent.
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