McKinney v. Wainwright

District Court of Appeal of Florida

McKinney v. Wainwright

458 So. 2d 1149, 9 Fla. L. Weekly 2245, 1984 Fla. App. LEXIS 15616

CourtDistrict Court of Appeal of Florida

DecidedOctober 26, 1984

DocketNo. BC-64

StatusPublished

Cited by3 cases

This text of 458 So. 2d 1149 (McKinney v. Wainwright) 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.

Bluebook

McKinney v. Wainwright, 458 So. 2d 1149, 9 Fla. L. Weekly 2245, 1984 Fla. App. LEXIS 15616 (Fla. Ct. App. 1984).

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Opinion

PER CURIAM.

McKinney’s conviction for possession of a firearm by a convicted felon was affirmed by this court in McKinney v. State, 428 So.2d 322 (Fla. 1st DCA 1983). In a petition for writ of habeas corpus filed in this court, he claims that his appellate [1150]*1150counsel was ineffective because of the failure to assert on appeal that the firearm should have been suppressed pursuant to Section 901.151(6), Florida Statutes (1981). However, even assuming that the facts of this case justified raising such issue, appellate counsel would have been precluded from doing so inasmuch as such defense was not asserted at trial. The petition is therefore Denied.

BOOTH, WIGGINTON and NIMMONS, JJ., concur.

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PER CURIAM.

McKinney’s conviction for possession of a firearm by a convicted felon was affirmed by this court in McKinney v. State, 428 So.2d 322 (Fla. 1st DCA 1983). In a petition for writ of habeas corpus filed in this court, he claims that his appellate [1150]*1150counsel was ineffective because of the failure to assert on appeal that the firearm should have been suppressed pursuant to Section 901.151(6), Florida Statutes (1981). However, even assuming that the facts of this case justified raising such issue, appellate counsel would have been precluded from doing so inasmuch as such defense was not asserted at trial. The petition is therefore Denied.

BOOTH, WIGGINTON and NIMMONS, JJ., concur.

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Bluebook (online)

458 So. 2d 1149, 9 Fla. L. Weekly 2245, 1984 Fla. App. LEXIS 15616, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckinney-v-wainwright-fladistctapp-1984.

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