Scott H. Wheeler v. State
214 So. 3d 764
Fla. Dist. Ct. App.2017Background
- Scott Wheeler appealed the denial of a Florida Rule of Criminal Procedure 3.850 postconviction motion alleging ineffective assistance of trial counsel for failing to file a legally sufficient motion to disqualify the trial judge.
- Trial counsel filed a motion and an amended motion to disqualify shortly before trial; both were ruled legally insufficient by the trial court.
- Wheeler’s 3.850 motion asserted counsel had information that, if properly pleaded, would have required disqualification.
- The postconviction court summarily denied relief for lack of sufficient allegation of prejudice from counsel’s failure.
- The Fifth District affirmed in part, reversed in part, and remanded, holding the claim of deficient performance was pleadable and should have been given an opportunity to be amended, but that Wheeler’s allegation of prejudice was conclusory and insufficient.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for failing to file a legally sufficient motion to disqualify the trial judge | Wheeler: counsel had information that, if included, would have made a legally sufficient motion and required disqualification | State: the motions filed were legally insufficient and no relief warranted | Court: Wheeler sufficiently alleged deficiency; claim should not have been summarily denied and he must be allowed to amend |
| Whether Wheeler adequately alleged Strickland prejudice from counsel's failure to file a sufficient disqualification motion | Wheeler: conclusorily alleged trial was conducted by a biased judge and outcome was affected | State: Wheeler failed to specify how judge’s alleged bias affected proceedings or undermined confidence in outcome | Court: Prejudice allegations were conclusory and insufficient; required specific factual showing of how outcome was undermined |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (establishes two-part ineffective assistance standard of deficiency and prejudice)
- Spera v. State, 971 So. 2d 754 (Fla. 2007) (postconviction claims may be amendable; courts should allow amendment where appropriate)
- Thompson v. State, 990 So. 2d 482 (Fla. 2008) (failure to timely or properly disqualify judge can be ineffective assistance; defendant must still show prejudice undermining confidence in result)
- Jones v. State, 998 So. 2d 573 (Fla. 2008) (conclusory allegations of different outcome insufficient to establish Strickland prejudice)
- Kleppinger v. State, 884 So. 2d 146 (Fla. 2d DCA 2004) (failure to file a legally sufficient disqualification motion can support an ineffective assistance claim)
- Keitel v. Agostino, 162 So. 3d 88 (Fla. 4th DCA 2014) (a legally sufficient motion for disqualification cannot be based on rumor or unidentified, unverified allegations)