Mack v. State
Cases that cite this one
1 later published case cites this decision.
- Beamon v. Secretary, Department of Corrections (Duval County) (United States District Court for the Middle District of Florida 2024)
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
Eugene Mack appeals a circuit court order summarily denying a motion under Florida Rule of Criminal Procedure 3.850. We affirm.
The State’s response, supplemental response, and appendix were a part of the record below and are before us. Those documents, which include the pertinent trial transcripts, conclusively refute the appellant’s claims of ineffective assistance of trial counsel.
In this ease, the appellant had been identified by eyewitnesses and had confessed. The allegation that there is a reasonable probability that the outcome of the trial would have been different, but for the allegedly deficient performance of trial counsel, is refuted by the overwhelming and duly-admitted evidence of guilt. We therefore affirm under the ineffective assistance standards set forth in Strickland, v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), and the principle that the trial court “need not determine whether counsel’s performance was deficient when it is clear that the alleged deficiency was not prejudicial.” Torres-Arboleda v. Dugger, 636 So.2d 1321, 1324 (Fla. 1994).
Affirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.