Johnson v. State
Cases that cite this one
2 later published cases cite this decision.
- Johnson v. Florida Department of Corrections (United States District Court for the Southern District of Florida 2021)
- Fields v. State (Fla. Dist. Ct. App. 2013)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Eric L. Johnson filed in the trial court a petition for writ of habeas corpus, alleging ineffective assistance of appellate counsel. The trial court properly denied the petition. This is because a petition for writ of habeas corpus alleging ineffective assistance of appellate counsel must be filed “in the appellate court to which the appeal was or should have been taken.” Fla. R.App. P. 9.141(c)(2); see also Johnson v. State, 694 So.2d 159, 159 (Fla. 4th DCA 1997).
Pursuant to Florida Rule of Appellate Procedure 9.040(c), which “permits this court to treat a case as if the proper remedy has been invoked,” we treat “this appeal as a petition for writ of habeas corpus.” Johnson, 694 So.2d at 159. We find Johnson’s ineffective assistance claim legally insufficient and hereby deny the petition.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.