Butler claim in Florida

2015Terry v. Conway Land, Inc., 508 So.2d 401 (Fla. 5th DCA 1987), approved, 542 So.2d 362 (Fla.1989), is among the decisions cited in Butler and is also instructive.

2015Terry v. Conway Land, Inc., 508 So.2d 401 (Fla. 5th DCA 1987), approved, 542 So.2d 362 (Fla.1989), is among the decisions cited in Butler and is also instructive.

2015The court reasoned that “while the controversy between Butler [owner] and his tenants may have never arisen but for the eminent domain proceeding, it is critical to recognize that the litigation between Butler and his tenants was entirely private” and the attorney’s “collection of rents on behalf of Butler was not directly related to Butler’s defense to the County’s eminent domain suit.” 676 So.2d at 455 .

2012However, Butler has not presented evidence that the failure to do so fell outside “prevailing professional norms,” id., particularly in light of the efforts that were in fact made by Butler’s counsel to exclude and discredit LaShara’s testimony.

2012Under the decision of the United States Supreme Court in Brady, “the State is required to disclose material information within its possession or control that is favorable to the defense.” Floyd, 18 So.3d at 450 .

2012As we explained above in addressing Butler’s claim of ineffectiveness of trial counsel, “In Florida, whether a child witness is competent to testify is based on ‘his or her intelligence, rather than his or her age, and, in addition, whether the child possesses a sense of obligation to tell the truth.’ ” Floyd, 18 So.3d at 443 (quoting Lloyd v. State, 524 So.2d 396, 400 (Fla.1988)).

2012Butler's claim is distinguishable from that reviewed in Sims v. State, 998 So.2d 494 (Fla.2008).

2012Butler’s claim is without merit, however, because the Supreme Court has held that “a criminal defendant does not have a constitutional right to counsel to pursue discretionary state appeals or applications for review in [the Supreme] Court.” Wainwright v. Torna, 455 U.S. 586, 587 , 102 S.Ct. 1300 , 71 L.Ed.2d 475 (1982).

2012Butler’s claim is without merit, however, because the Supreme Court has held that “a criminal defendant does not have a constitutional right to counsel to pursue discretionary state appeals or applications for review in [the Supreme] Court.” Wainwright v. Torna, 455 U.S. 586, 587 , 102 S.Ct. 1300 , 71 L.Ed.2d 475 (1982).

2006See McLin v. State, 827 So.2d 948 (Fla.2002); Keen v. State, 855 So.2d 117 (Fla. 2d DCA 2003).

2005Referencing this rule, the supreme court has held that "an order of restitution must be imposed at the time of sentencing or within sixty days thereafter." State v. Sanderson, 625 So.2d 471 , 473 (Fla.1993).

2000The circuit court's order denying relief relied on Simmons v. State, 611 So.2d 1250 (Fla. 2d DCA 1992), for the proposition that neither the trial court nor counsel is required to warn a defendant of every conceivable collateral consequence of a plea.

1997Norman, 379 So.2d at 647 ; cf. State v. Paul, 638 So.2d 537 (Fla. 5th DCA 1994), review denied, 654 So.2d 131 (Fla.1995) (holding that taint of illegal stop may be dissipated when defendant consents to search after being advised of constitutional right to refuse consent).

1997Norman, 379 So.2d at 647 ; cf. State v. Paul, 638 So.2d 537 (Fla. 5th DCA 1994), review denied, 654 So.2d 131 (Fla.1995) (holding that taint of illegal stop may be dissipated when defendant consents to search after being advised of constitutional right to refuse consent).

1993In Golding v. Director of Public Safety Department of Metropolitan Dade County, 400 So.2d 990 (Fla. 3d DCA 1981), it was suggested that the proper remedy for the aggrieved party is an interlocutory appeal pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(ii).