Francois v. State
Francois v. State
Opinion of the Court
Having been found guilty of second degree murder, defendant has filed a rule 3.850 motion for relief from his conviction. Citing our decision in Roberts v. State, 874 So.2d 1225 (Fla. 4th DCA 2004), rev. denied, 892 So.2d 1014 (Fla. 2005)—which was released after his trial — he contends that the Miranda
Addressing his contention that trial counsel was ineffective in failing to move
We affirm the summary denial of the motion because defendant has failed to plead or prove prejudice under Strickland v. Washington, 466 U.S. 668, 694, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). To satisfy the prejudice component, he is required to demonstrate a “reasonable probability” that the outcome of the proceeding would have been different but for counsel’s errors. Even considering the use of the taped statement, he has failed to suggest any reasonable possibility that the jury would have returned a different verdict without the statement.
. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.