Ineffective Assistance of Counsel Based on Shelton Case

Florida appellate courts are starting to see ineffective assistance of counsel claims filed by inmates relating to the Shelton case (where a federal court held a state drug law unconstitutional).

In a case that was decided today, though, an inmate argued his appellate counsel SHOULD have argued the Shelton issue 6 months BEFORE Shelton was decided.  The Second DCA did not agree, holding:

“The ineffectiveness of appellate counsel cannot be based upon the failure of counsel to assert a theory of law which was not at the time of the appeal fully articulated or established in the law.”

The case is Brown v. State (Fla. 2d DCA, 2D11-5114, Nov.30, 2011).

~Disclaimer: This post is not intended as legal advice nor does it create an attorney-client relationship~