FLAHERTY v. STATE

No. 4D18-2872.

266 So.3d 1187 (2019)

Brian Kelly FLAHERTY, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

March 27, 2019.


Attorney(s) appearing for the Case

Brian Kelly Flaherty, Avon Park, pro se.

Ashley B. Moody , Attorney General, Tallahassee, and Jessenia Concepcion , Assistant Attorney General, West Palm Beach, for respondent.


The defendant petitions for a writ of habeas corpus. He argues his appellate counsel provided ineffective assistance of counsel on direct appeal by failing to argue the trial court erred in not holding a competency hearing after having ordered a competency evaluation. We agree and grant the petition.

Prior to trial, defense counsel...

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