Florida District Courts of Appeal, 2002

Nairn v. State

Nairn v. State
Florida District Courts of Appeal · Decided May 9, 2002 · Benton, Kahn, Wolf
816 So. 2d 220; 2002 Fla. App. LEXIS 6271; 2002 WL 925043 (Southern Reporter, Second Series)

Nairn v. State

Opinion of the Court

PER CURIAM.

Affirmed. See Russell v. State, 740 So.2d 567, 567 (Fla. 1st DCA 1999) (stating that the Florida Rules of Appellate Procedure require a claim of ineffective assistance of appellate counsel to be filed “in the appellate court that handled the direct appeal”); Johnson v. State, 694 So.2d 159, 159 (Fla. 4th DCA 1997); Oakley v. State, 677 So.2d 879, 880 (Fla. 2d DCA 1996); Dinkins v. State, 600 So.2d 1295, 1296 (Fla. 1st DCA 1992); Smith v. State, 543 So.2d 316, 317 (Fla. 5th DCA 1989). Even if the trial court had transferred the petition, in accordance with Florida Rule of Appellate Procedure 9.040(b)(1), the petition failed to state any basis for relief.

WOLF, KAHN, and BENTON, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.