At page 1054 Determining attorney liability for unsettled legal propositions40 citing cases[A]s an acknowledgment that law is no exact science, the rule that an attorney is not liable for an error of judgment on an unsettled proposition of law is universally recognized...." (internal quotation marks and citation omitted)
- Coleman v. United States of Am. (INMATE 1), No. 2:22-cv-00549 (M.D. Ala. Sept. 3, 2025).(A district court . . . need not hold an evidentiary hearing [on an ineffective assistance of counsel claim] if it can be conclusively determined from the record that petitioner was not denied effective assistance of co…)
- King v. United States, No. 2:24-cv-08005 (N.D. Ala. May 23, 2025). ([T]he rule that an attorney is not liable for an error of judgment on an unsettled proposition of law is universally recognized.)
- Watwood v. Edmunds, No. 3:22-cv-00381 (E.D. Va. Mar. 7, 2024).({A]s an 37 acknowledgment that law is no exact science, the rule that an attorney is not liable for an error of judgment on an unsettled proposition of law is universally recognized.)
- Mercedes-Castro v. Jones (Polk Cnty.), No. 8:16-cv-03347 (M.D. Fla. July 14, 2023).([A]s an acknowledgment that law is no exact science, the rule that an attorney is not liable for an error of judgment on an unsettled proposition of law is universally recognized.)
- James Harold Griffith v. United States, 871 F.3d 1321 (11th Cir. 2017).published (Ignorance of well-defined legal principles is nearly inexcusable.)
- Otis Elion v. United States, 155 F.4th 889 (7th Cir. 2025).publishedThe giving of legal advice that later is proven to be incorrect, therefore, does not necessarily fall below the objective standard of reasonableness.” Smith v. Singletary, 170 F.3d 1051, 1054 (11th Cir. 1999).
- Stackhouse v. United States, No. 8:18-cv-00772, 2024 WL 5047342 (M.D. Fla. Dec. 9, 2024).“[a]n attorney cannot be held liable for following the plain terms of a statute when there are not compelling circumstances to suggest [otherwise,]’ even [if] a court later decides that interpretation is erroneous”
- Wood v. United States, No. 3:23-cv-00165 (N.D. Ind. Aug. 6, 2024).Mar. 15, 2021) (quoting Smith v. Singletary, 170 F.3d 1051, 1054 (11th Cir. 1999)).
- Cablay v. United States, No. 1:21-cv-00454 (D. Haw. Feb. 13, 2023).(stating that the law is “no exact science,” and that “the rule that an attorney is not liable for an error of judgment on an unsettled proposition of law is universally recognized)
- Broderick Darnell McCoy v. State of Alabama, 387 So. 3d 261 (Ala. Crim. App. 2023).publishedAs we've consistently observed, the Sixth Amendment's reasonableness standard does not require counsel to guess correctly on questions of first impression, but merely to present 'directly controlling precedents' in support of meritorious a…
Show 30 more citing cases
- Jones v. United States, No. 3:15-cv-01025 (M.D. Fla. Apr. 15, 2021).Clairvoyance is not a required attribute of effective representation.’” Smith v. Singletary, 170 F.3d 1051, 1054 (11th Cir. 1999) (quoting Cooks v. United States, 461 F.2d 530, 532 (5th Cir. 1972)).
- Broomfield v. United States, No. 3:18-cv-01525 (M.D. Fla. Aug. 10, 2020).(an attorney is not liable for an error of judgment on an unsettled proposition of law)
- Demond L. Osley v. United States, 751 F.3d 1214 (11th Cir. 2014).published When analyzing an ineffectiveness claim, we “indulge a strong presumption that counsel’s conduct fell within the wide range of reasonably professional assistance.” Smith v. Singletary, 170 F.3d 1051, 1053 (11th Cir. 1999).
- Burton v. Thaler, 863 F. Supp. 2d 639 (S.D. Tex. 2012).published([T]he rule that an attorney is not liable for an error in judgment on an unsettled proposition of law is universally recognized[.])
- Hampton v. Jones, 453 F. App'x 779 (10th Cir. 2011).unpublishedSmith v. Singletary, 170 F.3d 1051, 1054 (11th Cir.1999).
- Kevin Norris Guyton v. United States, 447 F. App'x 136 (11th Cir. 2011).unpublished“as an acknowledgment that law is no exact science, the rule that an attorney is not liable for an error of judgment on an unsettled proposition of law is universally recognized”
- New v. United States, 652 F.3d 949 (8th Cir. 2011).publishedId. at 1027-28 (emphasis added) (internal quotation and citations omitted); see also Givens v. Cockrell, 265 F.3d 306, 309-10 (5th Cir.2001); Smith v. Singletary, 170 F.3d 1051, 1054 (11th Cir.1999); Dutton v. Brown, 812 F.2d 593 , 598 & n…
- Date v. Schriro, 619 F. Supp. 2d 736 (D. Ariz. 2008).published “giving ... legal advice that later is proven to be incorrect [ ] does not necessarily fall below the objective standard of reasonableness”
- McClinton v. McNeil, 615 F. Supp. 2d 1310 (M.D. Fla. 2008).publishedSmith v. Singletary, 170 F.3d 1051, 1054 (11th Cir.1999).
- Cassidy v. McNeil, 621 F. Supp. 2d 1222 (M.D. Fla. 2008).publishedSmith v. Singletary, 170 F.3d 1051, 1054 (11th Cir. 1999).
- Roy Mack West v. United States, 228 F. App'x 890 (11th Cir. 2007).unpublished“A district court, however, need not hold an evidentiary hearing [on an ineffective assistance of counsel claim] if it can be conclusively determined from the record that petitioner was not denied effective assistance of counsel.” See Smit…
- Leroy Steven Wofford v. United States, 210 F. App'x 911 (11th Cir. 2006).unpublished“if it can be conclusively determined from the record that the petitioner was not denied effective assistance of counsel”
- Williams v. State, 924 So. 2d 897 (Fla. 1st DCA 2006).published(holding that an evidentiary hearing was not required on a defendant's claim that counsel misadvised him that his out-of-state conviction could not be used to enhance his sentence when the law on the issue was uncertain…)
- Pinckney v. Crosby, 386 F. Supp. 2d 1231 (M.D. Fla. 2005).published Smith v. Singletary, 170 F.3d 1051, 1053-54 (11th Cir.1999) (citation omitted); Cave v. Singletary, 971 F.2d 1513, 1516 (11th Cir.1992) (citing Townsend v. Sain, 372 U.S. 293 , 83 S.Ct. 745 , 9 L.Ed.2d 770 (1963)).
- State v. Maloney, 2005 WI 74, 698 N.W.2d 583.publishedSmith v. Singletary, 170 F.3d 1051, 1054 (11th Cir. 1999).
- Ex Parte Chandler, 182 S.W.3d 350 (Tex. Crim. App. 2005).published(defense counsel was not ineffective in advising criminal client that his out-of-state prior conviction could not be used to enhance his sentence under Florida habitual violent-offender statute when that statute lacked c…)
- Johnson v. Carroll, 327 F. Supp. 2d 386 (D. Del. 2004).published(the rule that an attorney is not liable for an error in judgment on an unsettled proposition of law is universally recognized)
- Renner v. United States, 49 F. App'x 628 (7th Cir. 2002).unpublishedSee, e.g., Dixon v. Snyder, 266 F.3d 693, 702-03 (7th Cir.2001); Smith v. Singletary, 170 F.3d 1051, 1054 (11th Cir.1999); Kennedy v. Maggio, 725 F.2d 269, 272-72 (5th Cir.1984); Strader v. Garrison, 611 F.2d 61, 63 (4th Cir.1979).
- United States v. Alejandro Bustos De La Pava, 268 F.3d 157 (2d Cir. 2001).published ([A]s an acknowledgment that law is no exact science, the rule that an attorney is not liable for an error of judgment on an unsettled proposition of law is universally recognized...." (internal quotation marks and cita…)
- McCoy, No. 3:23-cv-00665 (M.D. Ala. Sept. 21, 2026). ([i]gnorance of well-defined legal principles is nearly inexcusable” but “the rule that an attorney is not liable for an error of judgment on an unsettled proposition of law is universally recognized)
- Madeline Rodgers v. United States, No. 18-11108 (11th Cir. Apr. 3, 2019).unpublishedSee Smith v. Singletary, 170 F.3d 1051, 1054 (11th Cir. 1999) (citing from Cianbro Corp. v. Jeffcoat & Martin, 804 F. Supp. 784, 790 (D.S.C. 1992), that “[a]n attorney cannot be held liable for following the plain terms of a statute when t…
- Green v. Attorney Gen., 193 F. Supp. 3d 1274 (M.D. Fla. 2016).publishedSee Smith v. Singletary, 170 F.3d 1051, 1054 (11th Cir.1999).
- Quang Van Nguyen v. United States, 564 F. App'x 992 (11th Cir. 2014).unpublishedSee Smith v. Singletary, 170 F.3d 1051, 1054 (11th Cir.1999).
- United States v. Lloyd, 484 F. Supp. 2d 1232 (S.D. Ala. 2007).published(The giving of legal advice that later is proven to be incorrect ... does not necessarily fall below the objective standard of reasonableness.)
- Randy Lamar Black v. United States, 373 F.3d 1140 (11th Cir. 2004).publishedSee Smith v. Singletary, 170 F.3d at 1054.
- Dove v. United States, No. 8:22-cv-01580 (M.D. Fla. Jan. 8, 2025).(explaining that a district court need not conduct an evidentiary hearing if the record conclusively shows petitioner is not entitled to relief)
- Hammonds v. United States, No. 8:21-cv-00147 (M.D. Fla. June 9, 2023).(explaining that a district court need not conduct an evidentiary hearing if the record conclusively shows petitioner is not entitled to relief)
- Bradham v. United States of Am. (INMATE 3), No. 1:20-cv-00604 (M.D. Ala. Apr. 26, 2023).(district court need not conduct an evidentiary hearing if the record conclusively shows petitioner is not entitled to relief)
- Fabio Ochoa v. United States, 45 F.4th 1293 (11th Cir. 2022).published(district court need not conduct an evidentiary hearing if the record conclusively shows petitioner is not entitled to relief)
- Bullock v. Carver, 297 F.3d 1036 (10th Cir. 2002).published
At page 1053 Analyzing ineffective assistance claims and sentencing enhancements13 citing casesA habeas corpus petitioner is entitled to an evidentiary hearing on his claim if he alleges facts which, if proven, would entitle him to relief.
- McCoy v. Sec'y, Dep't of Corr. (Polk Cnty.), No. 8:18-cv-01098 (M.D. Fla. June 25, 2021).(A habeas corpus petitioner is entitled to an evidentiary hearing on his claim if he alleges facts which, if proven, would entitle him to relief.)
- Lawrence S. Duran v. United States, No. 16-11882 (11th Cir. Nov. 2, 2018).unpublished(When analyzing ineffective-assistance claims, reviewing courts must indulge a strong presumption that counsel’s conduct fell within the wide range of reasonably professional assistance.)
- Santos v. United States, No. 2:20-cv-00187 (M.D. Fla. Mar. 17, 2025).“[a] habeas corpus petitioner is entitled to an evidentiary hearing on his claim ‘if he alleges facts which, if proven, would entitle him to relief”
- Bryant v. Toney, No. 1:18-cv-00363 (S.D. Ala. Aug. 11, 2021).“must indulge a strong presumption that counsel’s conduct fell within the wide range of reasonably professional assistance”
- Washington v. United States, No. 8:20-cv-01972 (M.D. Fla. July 14, 2021).“[a] habeas corpus petitioner is entitled to an evidentiary hearing on his claim ‘if he alleges facts which, if proven, would entitle him to relief”
- Demond L. Osley v. United States, 751 F.3d 1214 (11th Cir. 2014).published “indulge a strong presumption that counsel’s conduct fell within the wide range of reasonably professional assistance”
- Krecht v. United States, 846 F. Supp. 2d 1268 (S.D. Fla. 2012).published“[a] habeas corpus petitioner is entitled to an evidentiary hearing on his claim ‘if he alleges facts which, if proven, would entitle him to relief”
- Williams v. Jones, 571 F.3d 1086 (10th Cir. 2009).published Appx. 303, 307 (4th Cir.2004); Nunes v. Mueller, 350 F.3d 1045, 1054-56 (9th Cir.2003); Wanatee v. Ault, 259 F.3d 700, 703-04 (8th Cir.2001); Smith v. Singletary, 170 F.3d 1051, 1053 (11th Cir.1999); United States v. Gordon, 156 F.3d 376,…
- Date v. Schriro, 619 F. Supp. 2d 736 (D. Ariz. 2008).published Moreover, it is “universally recognized” that “an attorney is not liable for an error of judgment on an unsettled proposition of law”; “giving ... legal advice that later is proven to be incorrect [ ] does not necessarily fall below the ob…
- Brown v. McNeil, 591 F. Supp. 2d 1245 (M.D. Fla. 2008).publishedSmith v. Singletary, 170 F.3d 1051, 1053-54 (11th Cir.1999) (citation omitted); Cave v. Singletary, 971 F.2d 1513, 1516 (11th Cir.1992) (citing Townsend v. Sain, 372 U.S. 293 , 83 S.Ct. 745 , 9 L.Ed.2d 770 (1963)).
Show 3 more citing cases
- Yuby Ramirez v. United States, 260 F. App'x 185 (11th Cir. 2007).unpublishedSmith v. Singletary, 170 F.3d 1051, 1053 (11th Cir.1999); see also 28 U.S.C. § 2255 (providing that a movant is entitled to an evidentiary hearing where the records and files of the case do not conclusively show that she is not entitled to…
- Kier Elgin Riley v. United States, 244 F. App'x 1000 (11th Cir. 2007).unpublishedSmith v. Singletary, 170 F.3d 1051, 1053 (11th Cir. 1999).
- Pinckney v. Crosby, 386 F. Supp. 2d 1231 (M.D. Fla. 2005).published Smith v. Singletary, 170 F.3d 1051, 1053-54 (11th Cir.1999) (citation omitted); Cave v. Singletary, 971 F.2d 1513, 1516 (11th Cir.1992) (citing Townsend v. Sain, 372 U.S. 293 , 83 S.Ct. 745 , 9 L.Ed.2d 770 (1963)).
Other citing cases
- Wright v. United States, No. 8:21-cv-02691 (M.D. Fla. Feb. 15, 2023).
v.
Harry K. SINGLETARY, Jr., Robert Butterworth, Respondents-Appellees
Tyrone Smith, a prisoner of the state of Florida, appeals the district court’s denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254 on grounds of ineffective assistance of counsel. We affirm the district court’s denial of Smith’s petition.
Background
In 1989, defendant Tyrone Smith was charged by information with one count of robbery and one count of obstructing or opposing an officer with violence. Before his arrest on these charges, Smith had at least one out-of-state felony conviction. [1]
Before trial, the state prosecution offered Smith a plea bargain: “State would offer bottom half of whichever guideline cell that [Smith] falls within and no filing of the notice[*1053] for habitual offender.” After discussing the state’s offer with his counsel, Smith declined the offer and decided to proceed to trial.
A jury later convicted Smith on both counts of the information, and the state filed its notice of intent to seek a habitual-violent-felony-offender enhancement under Florida law, Fla. Stat. § 775.084(l)(b). The Florida court determined that Smith was a habitual violent felony offender (based on his out-of-state conviction) and therefore subjected him to an enhanced sentence. He was sentenced to thirty-years’ imprisonment, with a mandatory minimum of ten years, for the robbery count and a consecutive term of five years’ supervised probation for the opposing or obstructing count.
After exhausting his state remedies, Smith brought this habeas corpus petition pro se. He contends that he is entitled to relief because he received ineffective assistance of counsel. Smith contends that he rejected the state’s plea offer — which would have resulted in a sentence between nine and twelve years — because his trial counsel told him that if he were found guilty at trial he would not be subject to enhanced sentencing. Smith alleges that his counsel assured him that an out-of-state conviction could not serve as a predicate offense under Florida’s habitual-offender law and advised Smith that the maximum sentence he faced if convicted at trial was seventeen years.
We accept that, while an out-of-state conviction cannot be used to establish habitual-felony-offender status under Fla. Stat. § 775.084(1)(a) (Supp.1988), [2] it can be used to enhance a defendant’s sentence as a habitual violent felony offender under Fla. Stat. § 775.084(1)(b) (Supp.1988). [3] See Canales v. State, 571 So.2d 87, 88 (Fla.Dist.Ct.App.1990). Smith contends that he would have accepted the state’s plea offer if his counsel had properly advised him that the court could sentence him as a habitual violent felony offender.
The district court granted the state summary judgment. Smith appeals the district court’s denial of his ineffective-assistance claim and seeks an evidentiary hearing. [4] No evidentiary hearing on Smith’s claim has been held in either federal or state court.
Discussion
Smith contends that his counsel was ineffective for advising him that his out-of-state conviction could not be used to enhance his sentence. Even though we accept that Smith’s counsel gave him incorrect advice about Florida law, his claim still fails.
To prevail on an ineffective-assistanee-of-counsel claim, a habeas corpus petitioner must show that: (1) his lawyer’s performance was deficient, and (2) “ ‘a reasonable probability that, but for counsel’s errors, he would ... have pleaded guilty and would [not] have insisted on going to trial.’” Coulter v. Herring, 60 F.3d 1499, 1504 (11th Cir.1995) (quoting Hill v. Lockhart, 474 U.S. 52, 59, 106 S.Ct. 366, 88 L.Ed.2d 203 (1985)). When analyzing ineffective-assistance claims, reviewing courts must indulge a strong presumption that counsel’s conduct fell within the wide range of reasonably professional assistance. Strickland v. Washington, 466 U.S. 668, 689, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); Harich v. Dugger, 844 F.2d 1464, 1469 (11th Cir.1988). Because ineffective-assistance claims present mixed questions of law and fact, we exercise plenary review. Rogers v. Zant, 13 F.3d 384, 386 (11th Cir.1994).
A habeas corpus petitioner is entitled to an evidentiary hearing on his claim “if he alleges facts which, if proven, would entitle him to relief.” Futch v. Dugger, 874 F.2d[*1054] 1483, 1485 (11th Cir.1989). A district court, however, need not conduct an evidentiary hearing if it can be conclusively determined from the record that the petitioner was not denied effective assistance of counsel. See Dickson v. Wainwright, 683 F.2d 348, 351 (11th Cir.1982).
A lawyer’s affirmative misrepresentation about the consequences of a guilty plea may, in some cases, fall below the wide range of professional competence. But ultimately, “[i]n any case presenting an ineffectiveness claim, the performance inquiry must be whether counsel’s assistance was reasonable considering all the circumstances.” Strick land, 466 U.S. at 688, 104 S.Ct. 2052.
The clarity or lack of clarity of Florida law about the use of an out-of-state conviction to enhance a defendant’s sentence under the habitual-violent-felony-offender provision, Fla. Stat. § 775.084(l)(b), is important in determining whether the advice given by Smith’s counsel was reasonable when it was given. Ignorance of well-defined legal principles is nearly inexcusable. See Cooks v. United States, 461 F.2d 530, 532 (5th Cir.1972) (holding counsel ineffective where controlling Supreme Court precedents, decided more than a decade before counsel rendered his advice, demonstrated unequivocally that counsel’s advice was erroneous); 2 Ronald E. Mallen & Jeffrey M. Smith, Legal Malpractice § 17.4, at 502 (4th ed.1996). [5] But, as an acknowledgment that law is no exact science, “the rule that an attorney is not liable for an error of judgment on an unsettled proposition of law is universally recognized_” Id., § 17.1, at 497 (citing cases); Pitts v. Cook, 923 F.2d 1568, 1573-74 (11th Cir.1991) (concluding that counsel’s failure to raise Batson-type claim before Batson had been decided was not constitutionally ineffective assistance of counsel).
The giving of legal advice that later is proven to be incorrect, therefore, does not necessarily fall below the objective standard of reasonableness. See generally Cooks, 461 F.2d at 532 (“[C]ounsel’s inability to foresee future pronouncements [by the courts] ... does not render counsel’s representation ineffective .... Clairvoyance is not a required attribute of effective representation.”) (citations omitted); see also Cianbro Corp. v. Jeffcoat & Martin, 804 F.Supp. 784, 790 (D.S.C.1992) (“[A]n attorney cannot be held liable for following the plain terms of a statute when there are not compelling circumstances to suggest [otherwise,]” even when a court later decides that interpretation is erroneous.).
In the instant case, Smith was sentenced under section 775.084(l)(b), Fla. Stat. (Supp. 1988), which was effective 1 October 1988. Section 775.084(l)(b) does not specifically say whether out-of-state convictions may serve as predicate offenses for an enhanced sentence.
The state made its plea offer in January 1990, and Smith rejected it the same day it was made. The earliest appellate decision to hold that the habitual-violent-felony-offender provision authorizes an enhanced sentence on the basis of an out-of-state conviction, Canales v. Florida, 571 So.2d 87 (Fla.Dist.Ct.App.1990), was not decided until 13 December 1990.
The defendant in Canales argued that, because the habitual-violent-felony-offender provision does not specifically permit the enumerated offenses to have been committed outside Florida, the court should apply a rule of lenity and construe the provision in his favor, to exclude his out-of-state conviction. Id. at 88. The Canales court rejected that argument after determining that it was contrary to the intent of the Florida legislature, writing, “a careful reading of the entire statute shows that the legislature intended to treat habitual felons and habitual violent felons differently and elected not to require[*1055] both felonies to be committed in Florida when dealing with violent felons.” Id. at 88-89.
The reasonableness of Smith’s lawyer’s advice must be assessed in the light of the uncertainty in Florida law at the time the advice was given, that is, pre-Canales. Under the circumstances presented in this case, the alleged advice of Smith’s counsel was not unreasonable. The version of the habitual-violent-felony-offender provision under which Smith was sentenced became effective less than a year and a half before Smith’s counsel had to evaluate the state’s plea offer. When the advice was given, there were no appellate decisions providing guidance to Smith’s counsel. The later Canales decision evidences, that at the time pertinent to this case, the applicable law was not settled against Smith: it was a live issue in Florida law. See Mallen & Smith, supra, § 17.7, at 511-12 (“A commonly quoted view is that there is no [malpractice] liability for a judgmental error regarding a proposition of law ‘which has not been settled by the court of last resort in the State and on which reasonable doubt may be entertained by well-informed lawyers.’ ” (quoting Hodges v. Carter, 239 N.C. 517, 80 S.E.2d 144, 146 (1954))). Smith has not pointed to ease law that existed when his counsel rendered his advice that was contrary to his counsel’s conclusion.
Smith instead argues that the habitual-offender provisions are inherently clear. He says that a comparison of sections 775.084(l)(a) and 775.084(l)(b) shows the obvious error in his counsel’s advice: the phrase “in this state” modifying the qualifying convictions is conspicuously absent from the habitual-violent-felony-offender provision, though it appears in the habitual-felony-offender provision. This comparison can give rise to an inference, one which Canales seems to accept. But, even if many reasonable lawyers, at the pertinent time, would not have interpreted the habitual-violent-felony-offender provision as Smith’s counsel did, no relief can be granted unless it is shown that no reasonable lawyer, in the same circumstances, would have interpreted it as Smith’s counsel did. See Rogers, 13 F.3d at 386; see also Waters v. Thomas, 46 F.3d 1506, 1512 (11th Cir.1995) (en banc) (“ The [ineffective-assistance] test has nothing to do with what the best lawyers would have done. Nor is the test even what most good lawyers would have done. We ask only whether some reasonable lawyer ... could have acted, in the circumstances, as defense counsel acted ....’”) (quoting White v. Singletary, 972 F.2d 1218, 1220 (11th Cir.1992)).
The statute is not so unmistakably plain that no reasonable lawyer could have misconstrued it. See Kimel v. State of Florida Bd. of Regents, 139 F.3d 1426, 1431 (11th Cir.1998) (“Although we make no definite rule about it, the need to construe one section [of a statute] with another, by its very nature, hints that no unmistakable or unequivocal declaration is present.”), cert. granted, — U.S. -, 119 S.Ct. 901, 142 L.Ed.2d 901 (1999). The defendant in Canales asserted the same view that Smith’s counsel allegedly held: that out-of-state convictions could not be used to enhance a defendant’s sentence under section 775.084(l)(b). The Canales court never indicated that the defendant’s contentions were frivolous or otherwise unreasonable, though it ultimately discounted them. And the Canales court does not use words like “plain meaning” or “unambiguous” in its opinion construing the pivotal statute.
Also, section 775.084(l)(b) designates specific offenses that will trigger an enhancement. Each of these offenses is defined by Florida law. See, e.g., Fla. Stat. § 806.01 (defining arson); Fla. Stat. § 794.011 (defining sexual battery); Fla. Stat. § 812.13 (defining robbery). It was not unreasonable for Smith’s counsel to think, in the context of Florida’s criminal law, that section 775.084(l)(b) referred to those offenses as they are designated by Florida law, in other words, that the Florida statute contemplated convictions under Florida law for the listed offenses. At the pertinent time, Smith’s counsel (or more accurately, every reasonable lawyer) did not have to conclude that Florida intended to give some kind of extraterritorial effect to the criminal law of other jurisdictions.
Under the conditions existing in this case, Smith cannot show that the advice his counsel gave could not result from the proper[*1056] exercise of skill and professional judgment. Because the record conclusively establishes that his counsel’s performance was not deficient, we AFFIRM the district court’s decision on that ground.
The district court’s denial of Smith’s petition is AFFIRMED.
. Smith was convicted of first-degree robbery in 1979 in New York.
. A habitual felony offender is a defendant who "has previously been convicted of two or more felonies in this state." Fla. Stat. § 775.084(l)(a) (Supp.1988) (emphasis added).
. A“habitual violent felony offender” is a defendant who “has previously been convicted of a felony or an attempt or conspiracy to commit a felony and one or more of such convictions was for” one (or more) of a list of enumerated violent felonies. Fla. Stat. § 775.084(l)(b) (Supp.1988).
.Smith's petition to the district court also included a claim challenging the state court's use of his out-of-state conviction to enhance his sentence. Smith does not appeal the district court’s denial of that claim.
. Because a lawyer’s performance must be evaluated under prevailing professional norms, see Strickland, 466 U.S. at 688, 104 S.Ct. 2052, cases involving allegations of attorney negligence — also evaluated based on an objective standard of reasonableness — can be useful to our analysis. We do not even hint, however, that every act of legal malpractice amounts to ineffective assistance of counsel under the Constitution. We are certain that the civil liability standard and the constitutional standard do not exactly coincide. When we cite to malpractice treatises or precedents, this is our reasoning: ordinarily, at least, lawyers’ acts or omissions that do not rise to the level of professional malpractice, a fortiori, cannot amount to a constitutional violation.