Who is affected by this decision?

The petitioner, Walter Jim Roberson Jr., is directly affected because his claim against appellate counsel was denied; the State of Florida was the respondent.

The denial ends this petition at the district court level unless the petitioner files a timely, authorized motion for rehearing or seeks other extraordinary relief.

Can this decision be appealed?

The order notes it is not final until disposition of any timely and authorized motion under Florida Rules of Appellate Procedure 9.330 or 9.331; further review would depend on available procedural avenues and deadlines.

Roberson v. State of Florida

Docket 1D2025-1869

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

Criminal AppealDenied

Filed: Apr 16, 2026 · 2 weeks ago
Jurisdiction: Florida
Court: District Court of Appeal of Florida
Type: Opinion
Case type: Criminal Appeal
Disposition: Denied
Docket: 1D2025-1869

Original-jurisdiction petition alleging ineffective assistance of appellate counsel before the First District Court of Appeal

Summary

The First District Court of Appeal denied Walter Jim Roberson Jr.'s petition alleging ineffective assistance of appellate counsel. The court exercised its original jurisdiction to consider the petition and, without an opinion, entered a per curiam order denying relief. The denial means the court found no basis to grant the petition or to disturb the underlying appellate result. The decision was issued April 16, 2026, and three judges concurred.

Issues Decided

Whether the petitioner received ineffective assistance of appellate counsel sufficient to warrant relief from the appellate court
Whether the record and petition provided a legal basis for the court to grant relief under its original jurisdiction

Court's Reasoning

The court denied the petition, indicating it found no entitlement to relief; the per curiam denial reflects that the petition did not demonstrate appellate counsel's performance and prejudice met the applicable standard. Because the opinion contains no detailed analysis, the ruling rests on the court's determination that the petition failed to establish the necessary legal grounds for relief. The concurrence of the panel shows a unanimous decision to deny.

Parties

Petitioner: Walter Jim Roberson Jr.
Respondent: State of Florida
Judge: Ray
Judge: Winokur
Judge: Treadwell

Key Dates

decision: 2026-04-16

What You Should Do Next

1
Consider filing a motion for rehearing
If the petitioner believes there are grounds, he may file a timely motion for rehearing under Fla. R. App. P. 9.330 or 9.331 as noted in the order.
2
Consult appellate counsel
The petitioner should consult an attorney experienced in postconviction appellate matters to evaluate whether further appellate or extraordinary relief is available and to ensure deadlines are met.
3
Prepare for alternative remedies
If rehearing is not pursued or is denied, the petitioner and counsel should assess other collateral relief options and any federal habeas possibilities, including applicable timetables.

Frequently Asked Questions

What did the court decide?: The court denied the petition alleging ineffective assistance of appellate counsel and did not grant any relief.
Who is affected by this decision?: The petitioner, Walter Jim Roberson Jr., is directly affected because his claim against appellate counsel was denied; the State of Florida was the respondent.
What happens next?: The denial ends this petition at the district court level unless the petitioner files a timely, authorized motion for rehearing or seeks other extraordinary relief.
Can this decision be appealed?: The order notes it is not final until disposition of any timely and authorized motion under Florida Rules of Appellate Procedure 9.330 or 9.331; further review would depend on available procedural avenues and deadlines.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
                  _____________________________

                         No. 1D2025-1869
                  _____________________________

WALTER JIM ROBERSON JR.,

    Petitioner,

    v.

STATE OF FLORIDA,

    Respondent.
                  _____________________________


Petition Alleging Ineffective Assistance of Appellate Counsel—
Original Jurisdiction.


                         April 16, 2026


PER CURIAM.

    DENIED.

RAY, WINOKUR, and TREADWELL, JJ., concur.
               _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
               _____________________________
Walter Jim Roberson Jr., pro se, Petitioner.

James Uthmeier, Attorney General, Tallahassee, for Respondent.




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