Lambrix v. State, No. 74452

CourtUnited States State Supreme Court of Florida
Writing for the CourtPER CURIAM; EHRLICH
Citation559 So.2d 1137
Decision Date26 April 1990
Docket NumberNo. 74452
Parties15 Fla. L. Weekly S256 Cary Michael LAMBRIX, Appellant, v. STATE of Florida, Appellee.

Page 1137

559 So.2d 1137
15 Fla. L. Weekly S256
Cary Michael LAMBRIX, Appellant,
v.
STATE of Florida, Appellee.
No. 74452.
Supreme Court of Florida.
April 26, 1990.

Carl Michael Lambrix, Starke, in pro. per.

Robert A. Butterworth, Atty. Gen., and Robert J. Krauss, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Cary Michael Lambrix, a prisoner under sentence of death, appeals the trial court's denial of his petition for a writ of habeas corpus. We have jurisdiction, pursuant to

Page 1138

article V, section 3(b)(1), of the Florida Constitution, and we deny all relief.

The facts of this cause are fully discussed in Lambrix's prior appeals and collateral challenges. Lambrix v. State, 534 So.2d 1151 (Fla.1988); Lambrix v. Dugger, 529 So.2d 1110 (Fla.1988); Lambrix v. State, 494 So.2d 1143 (Fla.1986). This appeal of the trial court's denial of habeas relief concerns only one issue, Lambrix's allegation that his collateral counsel was ineffective for failing to raise a claim of juror misconduct in his prior motion for postconviction relief. After proceedings on that prior motion, which was filed pursuant to Florida Rule of Criminal Procedure 3.850, the trial court denied all relief, as did this Court in Lambrix v. State, 534 So.2d 1151 (Fla.1988). Lambrix now argues that his collateral counsel should have included in that motion the allegation that one of the jurors in his second trial failed to disclose that she had been on the venire prior to Lambrix's first trial.

The record reflects that the juror in question was on the venire panel prior to Lambrix's first trial, but she was dismissed prior to that jury's being sworn. The first trial ended with a mistrial, due to a "hung jury," and preparations for a second trial began. The juror in question was again part of the venire panel. When the state asked the juror whether she had any prior jury experience, she replied, "No." She also indicated that there was nothing else which might affect her service as a juror in the case. She then served as a juror during the second trial.

Lambrix asserts that collateral counsel should have raised the juror's answer as a claim of juror misconduct in Lambrix's rule 3.850 motion. However, the juror's answer was not untruthful. She could have reasonably interpreted the question as an inquiry as to whether she had ever served on a jury, which she had not. Even if she had answered in the affirmative, a challenge for cause would not necessarily have...

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22 practice notes
  • Lambrix v. Sec'y, No. 13–11917.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • June 26, 2014
    ...1110, 1112 (Fla.1988) (denying original state habeas petition alleging ineffective assistance of appellate counsel); Lambrix v. State, 559 So.2d 1137, 1138 (Fla.1990) (affirming trial court's denial of state habeas petition alleging ineffective assistance of state collateral counsel for fai......
  • Lambrix v. Singletary, 965658
    • United States
    • United States Supreme Court
    • May 12, 1997
    ...to obtain collateral relief, Lambrix v. Dugger, 529 So.2d 1110 (Fla.1988); Lambrix v. State, 534 So.2d 1151 (Fla.1988); Lambrix v. State, 559 So.2d 1137 (Fla.1990), Lambrix filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. §2254 in the United States District Court for the S......
  • Lambrix v. State, No. SC16–8
    • United States
    • United States State Supreme Court of Florida
    • March 9, 2017
    ...habeas petitions 217 So.3d 982before the trial court and this Court—all of which have been denied. See, e.g. , Lambrix v. State , 559 So.2d 1137, 1138 (Fla. 1990) (affirming the summary denial of a pro se petition for writ of habeas corpus, filed with the trial court, in which Lambrix asser......
  • Lambrix v. Sec'y, Fla. Dep't of Corr., No. 16-10251
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • March 15, 2017
    ...1110, 1112 (Fla. 1988) (denying original state habeas petition alleging ineffective assistance of appellate counsel); Lambrix v. State , 559 So.2d 1137, 1138 (Fla. 1990) (affirming trial court's denial of state habeas petition alleging ineffective assistance of state collateral counsel for ......
  • Request a trial to view additional results
22 cases
  • Lambrix v. Sec'y, No. 13–11917.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • June 26, 2014
    ...1110, 1112 (Fla.1988) (denying original state habeas petition alleging ineffective assistance of appellate counsel); Lambrix v. State, 559 So.2d 1137, 1138 (Fla.1990) (affirming trial court's denial of state habeas petition alleging ineffective assistance of state collateral counsel for fai......
  • Lambrix v. Singletary, 965658
    • United States
    • United States Supreme Court
    • May 12, 1997
    ...to obtain collateral relief, Lambrix v. Dugger, 529 So.2d 1110 (Fla.1988); Lambrix v. State, 534 So.2d 1151 (Fla.1988); Lambrix v. State, 559 So.2d 1137 (Fla.1990), Lambrix filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. §2254 in the United States District Court for the S......
  • Lambrix v. State, No. SC16–8
    • United States
    • United States State Supreme Court of Florida
    • March 9, 2017
    ...habeas petitions 217 So.3d 982before the trial court and this Court—all of which have been denied. See, e.g. , Lambrix v. State , 559 So.2d 1137, 1138 (Fla. 1990) (affirming the summary denial of a pro se petition for writ of habeas corpus, filed with the trial court, in which Lambrix asser......
  • Lambrix v. Sec'y, Fla. Dep't of Corr., No. 16-10251
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • March 15, 2017
    ...1110, 1112 (Fla. 1988) (denying original state habeas petition alleging ineffective assistance of appellate counsel); Lambrix v. State , 559 So.2d 1137, 1138 (Fla. 1990) (affirming trial court's denial of state habeas petition alleging ineffective assistance of state collateral counsel for ......
  • Request a trial to view additional results

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