Burgess v. State
Burgess v. State
Opinion of the Court
ON MOTION FOR CLARIFICATION
On appellant’s motion for clarification, we address our reasoning for affirming the point on appeal regarding appellant’s ineffective assistance of counsel claim. Generally, such claims are not reviewable on direct appeal, but are more properly raised in a motion for postconviction relief. See McKinney v. State, 579 So.2d 80, 82 (Fla. 1991). However, an exception to this rule exists where the deficient performance of counsel and the prejudice to the defendant are apparent on the face of the record. Blanco v. Wainwright, 507 So.2d 1377, 1384 (Fla. 1987). Here, Burgess argues that his attorney should have moved to suppress the victim’s identification of him at a live post-information, pre-trial lineup because he did not have counsel present.
. A post-information lineup without counsel is unconstitutional. United States v. Wade, 388 U.S. 218, 236-37, 87 S.Ct. 1926, 18 L.Ed.2d 1149 (1967).
Reference
- Full Case Name
- Al Legett BURGESS v. STATE of Florida
- Cited By
- 2 cases
- Status
- Published