Can I argue ineffective assistance of counsel on a criminal appeal?

Yes, you can argue ineffective assistance of counsel on a criminal appeal in Florida. This is done by filing what is known as a “motion for post-conviction relief” with the appellate court. In Florida, when a criminal defendant wishes to challenge their conviction on the basis of ineffective assistance of counsel on appeal, they must demonstrate that their lawyer’s performance was deficient and fell below the standard of care that a reasonable lawyer should have provided in the given circumstances. In addition, they must also demonstrate that the inadequate performance of the lawyer resulted in an outcome which was unfairly prejudicial in light of the facts and the law. The Florida Supreme Court has held that if a defendant can meet this burden and show that their lawyer’s performance was deficient, then the court will overturn the conviction. This is done by ordering a new trial. In short, the answer to the question is yes. You can argue ineffective assistance of counsel on a criminal appeal in Florida, and if your lawyer’s performance was indeed inadequate, the court may overturn your conviction and order a new trial. It is important to note, however, that success on such an argument is not guaranteed, and you should consult a competent attorney for help with your case.

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