From Casetext: Smarter Legal Research

Peterka v. McNeil

Supreme Court of Florida
Nov 15, 2010
Case No. SC10-801 (Fla. Nov. 15, 2010)

Opinion

Case No. SC10-801.

November 15, 2010.

Lower Tribunal No(s). 89-966C.


Daniel Jon Peterka, a prisoner under sentence of death, files a pro se petition for writ of habeas corpus. This Court has jurisdiction under article V, section 3(b)( 9), Florida Constitution.

In this pleading, Peterka asserts that he has a constitutional right to the effective assistance of counsel in a postconviction proceeding where the defendant is seeking to challenge whether his trial counsel was ineffective. This Court has repeatedly denied the claim. See Zack v. State, 911 So. 2d 1190, 1203 (Fla. 2005) ("Under Florida and federal law, a defendant has no constitutional right to effective collateral counsel."); Lambrix v. State, 698 So. 2d 247, 248 (Fla. 1996) ("[C]laims of ineffective assistance of postconviction counsel do not present a valid basis for relief"). In fact, he has already challenged whether he was denied due process on the basis of his postconviction counsel's performance, a claim this Court denied.See Peterka v. State, 890 So. 2d 219, 241 (Fla. 2004). After reviewing Peterka's petition, we hereby deny his petition for writ of habeas corpus on the merits.

CANADY, C.J., and PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA, and PERRY, JJ., concur.


Summaries of

Peterka v. McNeil

Supreme Court of Florida
Nov 15, 2010
Case No. SC10-801 (Fla. Nov. 15, 2010)
Case details for

Peterka v. McNeil

Case Details

Full title:DANIEL JON PETERKA, Petitioner(s) v. WALTER A. McNEIL, ETC., Respondent(s)

Court:Supreme Court of Florida

Date published: Nov 15, 2010

Citations

Case No. SC10-801 (Fla. Nov. 15, 2010)