Andy Lee Williams v. State of Florida

Williams · Fifth District Court of Appeal of Florida · May 23, 2025 · No. 5D2025-1335

Summary

The Fifth District Court of Appeal of Florida denied Andy Lee Williams’s petition alleging ineffective assistance of appellate counsel under Florida Rule of Appellate Procedure 9.141(d). The court concluded that the claimed issue had been considered during the Anders review of the direct appeal and that Williams failed to demonstrate measurable prejudice.

Holdings

  1. The petition alleging ineffective assistance of appellate counsel was denied because Williams could not demonstrate measurable prejudice from counsel's failure to raise an issue that had already been considered, evaluated, and rejected by the court during its Anders review.

Questions Presented

  1. Whether Williams established ineffective assistance of appellate counsel based on counsel's failure to raise an argument on direct appeal when the argument had already been raised in Williams's pro se Anders brief and considered by the appellate court.

Disposition

writ_denied

Cases Cited (3)

  • Moran v. State, 311 So. 3d 892, 894 (Fla. 5th DCA 2020)(followed)
  • Anders v. California, 386 U.S. 738 (1967)(applied)
  • Morrison v. State, 764 So. 2d 649, 649 (Fla. 1st DCA 2000)(followed)

Cited In (0)

No citing cases on record yet.

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