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Atwater v. State

Supreme Court of Florida.
Jun 24, 2013

Jeffrey Lee Atwater, a prisoner under sentence of death, appeals the postconviction court's order summarily denying his third successive motion for postconviction relief, which claimed that he received ineffective assistance of postconviction counsel. We have jurisdiction. Seeart. V, § 3(b)(1), Fla. Const. We affirm. See Gore v. State, 91 So.3d 769, 778 (Fla.2012) (holding that the United States Supreme Court, in Martinez v. Ryan, 132 S.Ct. 1309 (2012), did not conclude that a claim of ineffective assistance of collateral counsel is an independent, cognizable claim).

It is so ordered. POLSTON, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, LABARGA, and PERRY, JJ., concur.