Basse v. State
Basse v. State
Opinion of the Court
Luther Basse petitions
Basse alleges that his appellate counsel was ineffective in failing to ensure that the appellate record was complete and accurate. Although we agree that under the circumstances of this case counsel erred in failing to ensure that the audio tape of Basse’s confession was included in the appellate record
We do not, however, mean to suggest by the denial of this petition that we approve of counsel’s filing his initial brief based upon a record that was clearly incomplete in material regards. Under other circumstances, such error might well have required the granting of a new appeal.
We deny Basse’s other claims without comment.
Petition denied.
. We treat Basse's petition for writ of habeas corpus as a petition alleging ineffective assistance of appellate counsel pursuant to Florida Rule of Appellate Procedure 9.140(j).
. A transcript of the tape and the tape itself were made a part of the appellate record after briefing was complete.
.Basse alleges that in briefing his appeal counsel relied on an inaccurate out-of-court transcription of the tape rather than the tape itself which was considered by the trial court.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.