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Justice v. State

District Court of Appeal of Florida, Fifth District
May 28, 1999
733 So. 2d 585 (Fla. Dist. Ct. App. 1999)

Opinion

No. 97-1779

Opinion Filed May 28, 1999 Rehearing Denied June 21, 1999.

Appeal from the Circuit Court for Lake County, Mark J. Hill, Judge.

Laurie Justice, Antioch, TN, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Davie H. Foxman, Assistant Attorney General, Daytona Beach, for Appellee.


We have for review the order denying Laurie Justice's motion for post-conviction relief after an evidentiary hearing. Principally, Mrs. Justice claims her trial counsel rendered ineffective assistance.

Mrs. Justice also appeals the lower court's refusal to consider other 3.850 claims because of her administrative probationary status and the trial judge's refusal to recuse himself. As to the former, while the decision of the lower court appears to have been erroneous, it does not matter because the claims in question are not legally sufficient. As to the multiple claimed grounds for recusal, only two are not frivolous and they are not substantial. We find no reversible error in the denial of the recusal motion.

Appellant's multi-faceted motion for post-conviction relief on the ground of ineffective assistance of trial counsel has caused us once again to examine Mrs. Justice's trial in detail. As we found no trial court error contributing to her conviction, we now find no merit to the claim that her lawyer's performance was substandard.

AFFIRMED.

COBB and HARRIS, JJ., concur.


Summaries of

Justice v. State

District Court of Appeal of Florida, Fifth District
May 28, 1999
733 So. 2d 585 (Fla. Dist. Ct. App. 1999)
Case details for

Justice v. State

Case Details

Full title:LAURIE JUSTICE, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: May 28, 1999

Citations

733 So. 2d 585 (Fla. Dist. Ct. App. 1999)