Public-domain · open source
OpenJurist

600 So. 2d 1295

Dinkins v. State

District Court of Appeal of Florida · decided 1992-06-25

Cited by 2 later decisions — most recently July 2003

1 federal appellate · 1 state decisions

Relies on 400 So. 2d 956 - Smith v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1992-06-25

View the full empirical analysis of this case →

PER CURIAM.

¶1Appellant filed a petition for writ of ha-beas corpus in the circuit court alleging ineffective assistance of appellate counsel. The circuit court denied the petition and appellant took this appeal. The proper method by which to raise a claim of ineffective assistance of appellate counsel is by petition for writ of habeas corpus directed to the appellate court which considered the direct appeal.. Smith v. State, 400 So.2d 956 (Fla.1981). Because appellant filed his petition in circuit court, the order denying his petition was proper. We therefore affirm the order on appeal without prejudice to appellant’s right to seek relief in the proper forum.

¶2AFFIRMED.

JOANOS, C.J., and BOOTH and MINER, JJ., concur.
/600/so2d/1295 · .json · Public domain