Kampff v. State, 443 So. 2d 401 (Fla. 4th DCA 1984). · Go Syfert
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Kampff v. State, 443 So. 2d 401 (Fla. 4th DCA 1984). Cases Citing This Book View Copy Cite
2 citation events across 1 distinct court.
Strongest positive: Blandin v. State, 128 So. 3d 235 (Fla. 2d DCA 2013)
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Cited for
At page 402 As a general rule, a claim of ineffective assistance of counsel cannot be raised for the first time on direct appeal. Williams v. State, 438 So.2d 781…2 citing casesopening of page *402 (no citing court says what it cites this page for)
  • Blandin v. State, 128 So. 3d 235 (Fla. 2d DCA 2013).published
    Id. at 645 ; see also Acosta v. State, 884 So.2d 278, 279 (Fla. 2d DCA 2004) (holding that the defendant’s ineffective assistance of counsel claims, which were raised in a motion for a new trial and challenged on direct appeal, were not ba…
  • Corzo v. State, 806 So. 2d 642 (Fla. 2d DCA 2002).published
    See Bruno, 807 So.2d at 64-65 ; Kampff v. State, 443 So.2d 401, 402 (Fla. 4th DCA 1984).
Retrieving the full opinion text from the archive…
John A. KAMPFF
v.
STATE of Florida
No. 82-2328.
District Court of Appeal of Florida, Fourth District.
Jan 4, 1984.
Published opinion
443 So. 2d 401
1984 Fla. App. LEXIS 11196
Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellant., Jim Smith, Atty. Gen., Tallahassee, and Sharon Lee Stedman, Asst. Atty. Gen., West Palm Beach, for appellee.
Beranek, Dell, Hersey.
Cited by 2 opinions  |  Published
PER CURIAM.

The trial court denied appellant’s motion for post conviction relief which alleged ineffective assistance of counsel in defendant’s first degree murder conviction. The court ruled that this issue had been previously raised on direct appeal to the Supreme Court, thus barring appellant from again presenting it by way of collateral attack. We reverse.

[*402] As a general rule, a claim of ineffective assistance of counsel cannot be raised for the first time on direct appeal. Williams v. State, 438 So.2d 781 (Fla.1983). The fact that appellant erroneously attempted to raise this claim on direct appeal to the Supreme Court is immaterial here. The Supreme Court affirmed appellant’s conviction but reversed his death sentence. Kampff v. State, 371 So.2d 1007 (Fla.1979). The Court’s opinion does not comment specifically on the ineffective counsel argument, and the overall holding that the evidence was sufficient to support the jury’s verdict cannot be viewed as an adjudication on the merits of appellant’s claim of ineffective counsel. We remand the matter to the trial court for an evidentiary hearing on appellant’s motion filed pursuant to Rule of Criminal Procedure 3.850.

REVERSED AND REMANDED.

BERANEK, HERSEY and DELL, JJ., concur.