Derrick Barrett v. State of Florida

Summary

The Third District Court of Appeal of Florida dismissed with prejudice Derrick Barrett’s original-jurisdiction petition for writ of habeas corpus. The court held that the petition was untimely and repeated conclusory claims of ineffective assistance of appellate counsel without supporting facts.

Holdings

1. A petition alleging ineffective assistance of appellate counsel on direct review is subject to the time limits in Florida Rule of Appellate Procedure 9.141(d)(5), and this petition was untimely.
2. A habeas petition alleging ineffective assistance of appellate counsel through conclusory claims lacking supporting facts or record references may be dismissed with prejudice.

Questions Presented

1. Whether Barrett's petition alleging ineffective assistance of appellate counsel was timely under Florida Rule of Appellate Procedure 9.141(d)(5).
2. Whether a habeas petition alleging conclusory and unsupported claims of ineffective assistance of appellate counsel should be dismissed with prejudice.

Disposition

dismissed