Groover v. Singletary, No. 84807

CourtUnited States State Supreme Court of Florida
Writing for the CourtPER CURIAM; GRIMES
Citation656 So.2d 424
Docket NumberNo. 84807
Decision Date06 April 1995
Parties20 Fla. L. Weekly S151 Tommy Sands GROOVER, Petitioner, v. Harry K. SINGLETARY, etc., Respondent.

Page 424

656 So.2d 424
20 Fla. L. Weekly S151
Tommy Sands GROOVER, Petitioner,
v.
Harry K. SINGLETARY, etc., Respondent.
No. 84807.
Supreme Court of Florida.
April 6, 1995.
Rehearing Denied June 23, 1995.

Gail E. Anderson and Harun Shabazz, Asst. Capital Collateral Representatives, Office of Capital Collateral Representatives, Tallahassee, for petitioner.

Robert A. Butterworth, Atty. Gen., and Barbara J. Yates, Asst. Atty. Gen., Tallahassee, for respondent.

PER CURIAM.

Tommy Sands Groover petitions this Court for a writ of habeas corpus. We have jurisdiction. Art. V, Sec. 3(b)(9), Fla. Const.

Groover was convicted of three counts of first-degree murder and was sentenced to death on two counts and to life imprisonment on the remaining count. On appeal, this Court affirmed the convictions and sentences. Groover v. State, 458 So.2d 226 (Fla.1984), cert. denied, 471 U.S. 1009, 105 S.Ct. 1877, 85 L.Ed.2d 169 (1985). In 1986, Groover appealed the trial court's denial of his motion to vacate judgment and sentence pursuant to Florida Rule of Criminal Procedure 3.850. This Court held that twelve of fourteen issues raised by Groover in his 3.850 motion were either without merit, procedurally barred or both, but remanded the case to the trial court for an evidentiary hearing to determine if counsel was inadequate for not inquiring into Groover's competency to stand trial and for failing to order a psychiatric evaluation. Groover v. State, 489 So.2d 15 (Fla.1986).

After a two-day evidentiary hearing, the trial court determined that defense counsel's failure did not amount to deficient performance as there was no evidence calling Groover's competency into question. This Court affirmed the trial court's order denying relief, as it was supported by competent substantial evidence. Groover v. State, 574 So.2d 97 (Fla.1991). Most recently, this Court affirmed the trial court's denial of relief based upon a second 3.850 motion raised by Groover. Groover v. State, 640 So.2d 1077 (Fla.1994). We determined that

Page 425

three issues were without merit and that a fourth claim was procedurally barred. Groover also has a habeas corpus petition pending before the United States District Court for the Middle District of Florida.

In his habeas petition to this Court, Groover raises six claims alleging that appellate counsel was ineffective for not arguing that: 1) trial counsel breached his duty to Groover by withdrawing and testifying in the case; 2) receipt of...

To continue reading

Request your trial
36 practice notes
  • Downs v. Moore, No. SC00-2186.
    • United States
    • United States State Supreme Court of Florida
    • 26 d3 Setembro d3 2001
    ...appellate result." Id.; see also Rutherford, 774 So.2d at 643; Freeman v. State, 761 So.2d 1055, 1069 (Fla.2000); Groover v. Singletary, 656 So.2d 424, 425 (Fla.1995); Suarez v. Dugger, 527 So.2d 190 However, appellate counsel cannot be considered ineffective under this standard for failing......
  • Peede v. State, No. SC04-2094.
    • United States
    • United States State Supreme Court of Florida
    • 11 d4 Janeiro d4 2007
    ...Williamson v. Dugger, 651 So.2d 84, 86 (Fla.1994) and citing Kokal v. Dugger, 718 So.2d 138, 142 (Fla.1998); Groover v. Singletary, 656 So.2d 424, 425 First, Peede argues that appellate counsel was ineffective for failing to argue on appeal that the trial court erred (1) in allowing Tanya B......
  • Freeman v. State, No. SC79651
    • United States
    • United States State Supreme Court of Florida
    • 8 d4 Junho d4 2000
    ...Appellate counsel cannot be ineffective for failing to raise issues not properly preserved for appeal. See Groover v. Singletary, 656 So.2d 424 (Fla.1995). Freeman did not object to the felony murder and pecuniary gain instructions at trial. Therefore, appellate counsel was not ineffective ......
  • Thompson v. State, No. SC87481
    • United States
    • United States State Supreme Court of Florida
    • 13 d4 Abril d4 2000
    ...compromised the appellate process to such a degree as to undermine confidence in the correctness of the result." Groover v. Singletary, 656 So.2d 424, 425 (Fla.1995) (quoting Pope v. Wainwright, 496 So.2d 798, 800 (Fla. 1986)); see, e.g., Teffeteller v. Dugger, 734 So.2d 1009, 1027 We have ......
  • Request a trial to view additional results
36 cases
  • Downs v. Moore, No. SC00-2186.
    • United States
    • United States State Supreme Court of Florida
    • 26 d3 Setembro d3 2001
    ...appellate result." Id.; see also Rutherford, 774 So.2d at 643; Freeman v. State, 761 So.2d 1055, 1069 (Fla.2000); Groover v. Singletary, 656 So.2d 424, 425 (Fla.1995); Suarez v. Dugger, 527 So.2d 190 However, appellate counsel cannot be considered ineffective under this standard for failing......
  • Peede v. State, No. SC04-2094.
    • United States
    • United States State Supreme Court of Florida
    • 11 d4 Janeiro d4 2007
    ...Williamson v. Dugger, 651 So.2d 84, 86 (Fla.1994) and citing Kokal v. Dugger, 718 So.2d 138, 142 (Fla.1998); Groover v. Singletary, 656 So.2d 424, 425 First, Peede argues that appellate counsel was ineffective for failing to argue on appeal that the trial court erred (1) in allowing Tanya B......
  • Thompson v. State, No. SC87481
    • United States
    • United States State Supreme Court of Florida
    • 13 d4 Abril d4 2000
    ...compromised the appellate process to such a degree as to undermine confidence in the correctness of the result." Groover v. Singletary, 656 So.2d 424, 425 (Fla.1995) (quoting Pope v. Wainwright, 496 So.2d 798, 800 (Fla. 1986)); see, e.g., Teffeteller v. Dugger, 734 So.2d 1009, 1027 We have ......
  • Pittman v. Sec'y, Case No. 8:12-cv-1600-T-17EAJ
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • 20 d5 Fevereiro d5 2015
    ...victim.")(quotation marks omitted). Appellate counsel cannot be blamed for failing to raise a meritless claim. See Groover v. Singletary, 656 So.2d 424, 425 (Fla. 1995).Pittman, 90 So. 3d at 819 (e.s.). As to the IAC sub-claim regarding the prosecutor's comments, the Florida Supreme Court r......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT