747 So. 2d 461 | Fla. Dist. Ct. App. | 1999
In this Anders
. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
. Florida Rule of Criminal Procedure 3.850(h) provides:
Habeas Corpus. An application for writ of habeas corpus on behalf of a prisoner who is authorized to apply for relief by motion pursuant to this rule shall not be entertained if it appears that the applicant has failed to apply for relief, by motion, to the court that sentenced the applicant or that the court has denied the applicant relief, unless it also appears that the remedy by motion is inadequate or ineffective to test the legality of the applicant’s detention.
. In this 1990 case the supreme court cautioned that it found it unnecessary to address the right to effective assistance of counsel in collateral relief proceedings, Lambrix, 559 So.2d at 1138, despite the fact that it was reviewing a trial's court's denial of such ineffectiveness of postconviction counsel claim upon a petition for writ of habeas corpus. Mr. Lambrix subsequently filed other appeals raising other issues not relevant to the issue addressed here, but in one of which the supreme court took the opportunity to say: ''[C]laims of ineffective assistance of postcon-viction counsel do not present a valid basis for relief.” Lambrix v. State, 698 So.2d 247, 248 (Fla.1996). However, the 1996 holding in Lambrix has recently been called into question in Steele v. Kehoe, 747 So.2d 931 (Fla.1999). See Williams v. State, - So.2d -, 1999 WL 638523 (Fla. 2d DCA Aug.20, 1999) (certifying a question about the continued viability of the 1996 Lambrix decision in light of the opinion in Steele v. Kehoe).