Mack v. State
The First DCA dismissed a pro se habeas petition alleging ineffective assistance of appellate counsel where the claimed omitted issue had actually been identified in appellate counsel's Anders brief in the underlying direct appeal, which the court affirmed. The court held that no cognizable IAC claim can exist in this scenario because the panel necessarily conducted its own independent review of the record under Anders and considered the issue.
Key facts
- Pro se petitioner filed habeas petition alleging ineffective assistance of appellate counsel based on claimed omission of an issue from the direct appeal.
- The issue petitioner claimed was omitted had actually been identified and presented in appellate counsel's Anders brief during the underlying direct appeal.
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Why it matters
This opinion reinforces and applies the Trowbridge rule that IAC-appellate-counsel claims are barred where the issue was raised in an Anders brief and the appeal affirmed, foreclosing a common avenue pro se petitioners… — full analysis with a trial
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