Ross v. State
Ross v. State
Opinion of the Court
Dennis Ross appeals the trial court’s order denying his motion for postconviction relief alleging ineffective assistance of counsel.
The trial court appointed counsel to defend Mr. Ross against criminal charges which resulted in his conviction of five counts of sexual battery on a child under sixteen years of age.
A defendant alleging ineffective assistance of counsel is not entitled to receive a new trial unless trial counsel’s performance was deficient, and the deficient performance prejudiced the defendant’s ease. See Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Prejudice will be presumed when counsel has a conflict of interest “only if the defendant demonstrates that counsel ‘actively represented conflicting interests’ and that ‘an actual conflict of interest adversely affected his lawyer’s performance.’” Id. at 692, 104 S.Ct. 2052 (quoting Cuyler v. Sullivan, 446 U.S. 335, 348, 100 S.Ct. 1708, 64 L.Ed.2d 333 (1980)). An actual conflict occurs if the defendant’s interests diverge with respect to the interests of another client represented by the defendant’s attorney. See Burnside v. State, 656 So.2d 241, 243 (Fla. 5th DCA 1995).
Here, Mr. Ross has failed to show that his attorney’s representation of Ms. Campbell created a conflict of interest, or that he was prejudiced by trial counsel’s representation. Therefore, he is not entitled to receive post-conviction relief. See Strickland, 466 U.S. at 687, 104 S.Ct. 2052.
AFFIRMED.
. See Fla. R.Crim. P. 3.850.
. U.S. Const, amend VI.
. § 800.04(2), Fla. Stat. (1991).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.