Perry v. State

714 So. 2d 584, 1998 Fla. App. LEXIS 8009, 1998 WL 349572

Procedural entryThis page is a short order in Perry v. State. Read the opinion of the Court — 675 So. 2d 976 →

District Court of Appeal of Florida·Decided July 2, 1998·No. No. 98-1539·Published

Opinion

PER CURIAM.

DENIED. See McCray v. State, 699 So.2d 1366, 1368 (Fla.1997):

[W]e conclude, as a matter of law, that any petition for a writ of habeas corpus claiming ineffective assistance of appellate counsel is presumed to be the result of an unreasonable delay and to prejudice the state if the petition has been filed more than five years from the date the petitioner’s conviction became final_ [T]his initial presumption may be overcome only if the petitioner alleges under oath, with a specific factual basis, that the petitioner was affirmatively misled about the results of the appeal by counsel.

GOSHORN, THOMPSON and ANTOON, JJ., concur.

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PER CURIAM.

DENIED. See McCray v. State, 699 So.2d 1366, 1368 (Fla.1997):

[W]e conclude, as a matter of law, that any petition for a writ of habeas corpus claiming ineffective assistance of appellate counsel is presumed to be the result of an unreasonable delay and to prejudice the state if the petition has been filed more than five years from the date the petitioner’s conviction became final_ [T]his initial presumption may be overcome only if the petitioner alleges under oath, with a specific factual basis, that the petitioner was affirmatively misled about the results of the appeal by counsel.

GOSHORN, THOMPSON and ANTOON, JJ., concur.

Perry v. State, 714 So. 2d 584, 1998 Fla. App. LEXIS 8009, 1998 WL 349572 (Fla. Ct. App. 1998).

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714 So. 2d 584 (Perry v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

McCray v. State

699 So. 2d 1366 (Supreme Court of Florida, 1997)

Opinion

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