History
  • No items yet
midpage
Byron Mitchell v. The State of Florida
2023-1755
Fla. Dist. Ct. App.
Aug 21, 2024
Check Treatment
Case Information

*1 Before FERNANDEZ, MILLER, and LOBREE, JJ.

PER CURIAM. *2 Affirmed. See Strickland v. Washington, 466 U.S. 668, 669 (1984) (“A convicted defendant’s claim that counsel’s assistance was so defective as to require reversal of a conviction . . . requires that the defendant show, first, that counsel’s performance was deficient and, second, that the deficient performance prejudiced the defense so as to deprive the defendant of a fair trial.”); see also Long v. State, 183 So. 3d 342, 345 (Fla. 2016) (“The defendant must specifically identify acts or omissions of counsel that were manifestly outside the wide range of reasonably competent performance under prevailing professional norms.”); Alcorn v. State, 121 So. 3d 419, 430 (Fla. 2013) (“[T]o show prejudice, the defendant must demonstrate a reasonable probability, defined as a probability sufficient to undermine confidence in the outcome, that (1) he . . . would have accepted the offer had counsel advised the defendant correctly, (2) the prosecutor would not have withdrawn the offer, (3) the court would have accepted the offer, and (4) the conviction or sentence, or both, under the offer’s terms would have been less severe than under the judgment and sentence that in fact were imposed.”); Dabbs v. State, 330 So. 3d 50, 55–56 (Fla. 4th DCA 2021) (distinguishing between personal bias and judicial bias when evaluating likelihood of success in disqualification motions); Liteky v. United States, 510 U.S. 540, 555–56 (1994) (“ Not establishing bias or partiality . . . are expressions of *3 impatience, dissatisfaction, annoyance, and even anger, that are within the bounds of what imperfect men and women . . . sometimes display.”) (emphasis in original); Jimenez v. Ratine, 954 So. 2d 706, 708 (Fla. 2d DCA 2007) (determining trial judge’s comments must exceed “expressions of mere frustration, admonishment, or annoyance with counsel’s mannerisms, tactics, or abilities” to support disqualification); Schwab v. State, 814 So. 2d 402, 411 (Fla. 2002) (finding evidence of counsel’s experience and other efforts sufficiently supported his “informed tactical decision not to file a motion to disqualify” trial judge); Diaz v. State, 132 So. 3d 93, 115 (Fla. 2013)

(“A defendant does not satisfy either prong of Strickland when claiming that trial counsel was ineffective for failing to file a motion to disqualify if counsel would not have prevailed on the motion.”).

Case Details

Case Name: Byron Mitchell v. The State of Florida
Court Name: District Court of Appeal of Florida
Date Published: Aug 21, 2024
Docket Number: 2023-1755
Court Abbreviation: Fla. Dist. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.