Rush v. State

Full title: Henry C. Rush, Petitioner, v. State of Florida, Respondent.

Court: Florida Court of Appeals, First District

Date published: Jun 30, 2021

No. 1D21-1261 (Fla. Dist. Ct. App. Jun. 30, 2021)

Opinion

1D21-1261

06-30-2021

Henry C. Rush, Petitioner, v. State of Florida, Respondent.

Henry C. Rush, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent.

Per Curiam.

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

Petition Alleging Ineffective Assistance of Appellate Counsel- Original Jurisdiction.

Henry C. Rush, pro se, Petitioner.

Ashley Moody, Attorney General, Tallahassee, for Respondent.

Per Curiam.

The petition alleging ineffective assistance of appellate counsel is denied on the merits. See Johnson v. Wainwright, 463 So.2d 207, 209 (Fla. 1985) (holding that to establish ineffective assistance of appellate counsel, a defendant must show that counsel's alleged error or omission was "of such magnitude that it can be said that they deviated from the norm or fell outside the range of professionally acceptable performance" and "the deficiency caused prejudicial impact on the appellant by compromising the appellate process to such a degree as to undermine confidence in the fairness and correctness of the outcome"); see also Brown v. State, 124 So.2d 481, 484 (Fla. 1960) (holding that for an error to fundamental, "the error must reach down into the validity of the trial itself to the extent that a verdict of guilty could not have been obtained without the assistance of the alleged error").

Roberts, Rowe, and Jay, JJ., concur.