KILEY v. STATE

No. 4D02-4910.

860 So.2d 509 (2003)

Jason A. KILEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 3, 2003.


Attorney(s) appearing for the Case

Steven Wisotsky of Steven Wisotsky, P.A., Miami, for Appellant.

No appearance required for Appellee.


FARMER, C.J.

In his motion for a written opinion, defendant inferentially argues that it is per se ineffective assistance of counsel (IAC) to fail to seek a competency hearing for a defendant who claims total amnesia about the crime for which he has been charged. That being so, he claims that it is per se error for a post-conviction relief judge to fail to order an evidentiary hearing on his IAC claim. We disagree.

As the court did in Mauldin v. State,...

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