Florida District Courts of Appeal, 1992

Dinkins v. State

Florida District Courts of Appeal · Decided June 25, 1992 · No. 91-3910 · Booth, Joanos, Miner

600 So. 2d 1295; 1992 Fla. App. LEXIS 6795; 1992 WL 140979 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Clark v. Crosby (11th Cir. 2003)
Nairn v. State (Fla. Dist. Ct. App. 2002)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Appellant 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.

AFFIRMED.

JOANOS, C.J., and BOOTH and MINER, JJ., concur.

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