State v. McKiver
State v. McKiver
128 So. 3d 197; 2013 WL 6331520; 2013 Fla. App. LEXIS 19450
(Southern Reporter, Third Series)
State v. McKiver
Opinion of the Court
The State appeals the trial court order granting Appellee’s Motion for Post Conviction Relief under rule 3.850, Florida Rules of Criminal Procedure. As the Florida Supreme Court has held:
[T]wo requirements must be satisfied for ineffective assistance of counsel claims to be successful under the Strickland[1 ] standard: First, a defendant must show that counsel’s actions or omissions were deficient; and second, the deficiency established must further be shown to have so affected the proceeding that confidence in the outcome is undermined.
Johnston v. State, 70 So.3d 472, 477 (Fla. 2011) (citing Schoenwetter v. State, 46 So.3d 535, 545-46 (Fla. 2010)). We conclude that Appellee failed to meet his burden of establishing either prong under Strickland and therefore vacate the order
Order vacated; Judgment and Sentence Reinstated.
. Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.