STRANGE v. STATE (1999)

District Court of Appeal of Florida,Fifth District.

Barry Wayne STRANGE, Petitioner, v. STATE of Florida, Respondent.

No. 98-3493

Decided: February 19, 1999

Robert Augustus Harper of Robert Augustus Harper Law Firm, P.A., Tallahassee, for Petitioner. No Appearance for Respondent.

Strange petitions this court for a writ of habeas corpus, to obtain a belated appeal grounded on failure of court appointed trial counsel to file an appeal on his behalf. Strange was convicted some six and one-half years before he filed this petition. Thus his petition is barred by laches. McCray v. State, 699 So.2d 1366 (Fla.1997) held that petitions claiming ineffective assistance of appellate counsel are presumed to be the result of unreasonable delay and to prejudice the state when filed more than five years after the date the conviction became final.

Here Strange claims he was “affirmatively misled by his court appointed trial counsel that an appeal would be filed.” However, such an allegation of affirmative misrepresentation by trial counsel must be made under oath. Here, Strange does not do so. Accordingly, we deny the petition for habeas corpus, without prejudice to Strange to file a claim of affirmative misrepresentation under oath, as required by McCray.

Petition for Writ of Habeas Corpus DENIED.

PER CURIAM.

W. SHARP, GOSHORN and ANTOON, 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Out of date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