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Riley v. State, Case No. 1D08-0802 (Fla. App. 10/22/2008) (Fla. App., 2008)

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EDDIE RILEY, Petitioner, v. STATE OF FLORIDA, Respondent.Case No. 1D08-0802. District Court of Appeal of Florida, First District. Opinion filed October 22, 2008. Petition Alleging Ineffective Assistance of Appellate Counsel ? Original Jurisdiction. Eddie Riley, pro se, Petitioner. Bill McCollum, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Respondent. PER CURIAM. Eddie Riley presents a timely claim of ineffective assistance of appellate counsel. We find no merit to petitioner’s assertion that appellate counsel should have presented an argument that the trial court erred in denying his motion to suppress statements made to the police. We conclude, however, that appellate counsel was ineffective for failing to raise an issue of reversible error in the jury instructions...continue to full post

Full post as published by Florida Criminal Law Opinions on October 22, 2008 (boomark / email).