Martin v. State of Florida
This text of Martin v. State of Florida (Martin 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. 1D2024-0261 _____________________________
ASHER EZEKIEL MARTIN,
Petitioner,
v.
STATE OF FLORIDA,
Respondent. _____________________________
Petition Alleging Ineffective Assistance of Appellate Counsel— Original Proceeding.
December 4, 2024
PER CURIAM.
DISMISSED. See Mack v. State, 380 So. 3d 1248, 1248–49 (Fla. 1st DCA 2024) (dismissing because there “cannot be a cognizable claim for ineffective assistance of appellate counsel” once a panel of this court, in the underlying appeal, has conducted the supreme court’s mandated Anders review—under which the panel “presumably conducted its own ‘full and independent review of the record to discover any arguable issues apparent on the face of the record’”—and affirmed, effectively having “determin[ed] that the appellant [] received his constitutionally guaranteed right to effective assistance from counsel”).
LEWIS, ROBERTS, and TANENBAUM, JJ., concur. _____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Asher Ezekiel Martin, pro se, Petitioner.
Ashley Moody, Attorney General, Tallahassee, for Respondent.
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Martin v. State of Florida, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-state-of-florida-fladistctapp-2024.