HOSWELL v. STATE (2005)

District Court of Appeal of Florida,Fourth District.

Malcolm HOSWELL, Petitioner, v. STATE of Florida, Respondent.

No. 4D04-4907.

Decided: February 16, 2005

Malcolm Hoswell, pro se. No response required for respondent.

Malcolm Hoswell filed a petition for writ of habeas corpus alleging ineffective assistance of appellate counsel. This court denied the petition without citation and without indicating that denial was “with prejudice” or “on the merits.” Hoswell then filed another habeas petition again raising a claim of ineffective assistance of appellate counsel. This court summarily denied the petition based on Card v. Dugger, 512 So.2d 829, 830 (Fla.1987).

In the instant petition for writ of certiorari, Hoswell argues that the second petition could not be deemed successive because the first petition was not denied on the merits. See Topps v. State, 865 So.2d 1253 (Fla.2004). Hoswell's first petition was reviewed and denied on the merits. We deny relief in this proceeding because Topps does not apply to petitions alleging ineffective assistance of appellate counsel under Florida Rule of Appellate Procedure 9.141(c).

PER CURIAM.

STONE, SHAHOOD and GROSS, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network