Robert S. Schwartzberg v. Florida

This case arises from a domestic dispute involving Petitioner, Robert S. Schwartzberg. The alleged victim claimed that he attacked and sexually assaulted her. Mr. Schwartzberg claimed that she was the aggressor and that he acted in self-defense. Following his conviction, Mr. Schwartzberg sought post-conviction relief based on ineffective assistance of counsel. The questions presented are:

1. Should a post-conviction court presume prejudice where the prosecutor obtains a defendant’s attorney-client and workproduct privileged notes prior to trial and introduces those notes as evidence of his guilt?

2. Does the standard under Strickland v. Washington, 466 U.S. 668 (1984) require courts to consider the cumulative effect of all errors of counsel in determining whether a defendant satisfied the prejudice prong, or does a defendant need to raise an independent “claim” of cumulative error in his post-conviction pleadings before a court can consider the cumulative effect of those errors?

3. Does a defendant carry his burden under Strickland where his counsel failed to (a) move to suppress attorney-client and work-