QUINTEN WALDEN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court granted habeas corpus relief, vacated the conviction, and remanded for a new trial because denying the petitioner the same remedy as in a prior, related case would be manifestly unjust.
The Florida Supreme Court remanded the case for reconsideration in light of a prior decision. The petitioner argued that appellate counsel was ineffec…
The full statement of facts, procedural history, and disposition for this case are member content.
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On Remand from the Florida Supreme Court
The Florida Supreme Court has remanded this matter for reconsideration in light of Williams v. State, 123 So.3d 23 (Fla.2013). We conclude that appellate counsel did not provide ineffective assistance in the direct appeal. Counsel argued the fundamental error in the attempted voluntary manslaughter jury instruction, moved for rehearing and certification of the issue, and asked this Court to provide a citation to Williams v. State, 40 So.3d 72 (Fla. 4th DCA 2010). In the direct appeal, we affirmed this issue without comment and did not provide a citation. Walden v. State, 57 So.3d 248, 252 (Fla. 4th DCA 2011).
The Florida Supreme Court ultimately quashed our decision in Williams. If this Court had provided a citation to Williams, where we had certified a question of great public importance and conflict on the issue, Walden could have obtained relief from the Florida Supreme Court and would be entitled to a new trial.1
Because it would be manifestly unjust to deny him the same remedy, we grant habeas corpus relief. See De La Hoz v. *86 Crews, 123 So.3d 101 (Fla. 3d DCA), review dismissed, 132 So.3d 223 (Fla.2013). Petitioner’s conviction for attempted second degree murder is vacated, and the case is remanded for a new trial.
Petition granted; remanded for a new trial.
STEVENSON, LEVINE and KLINGENSMITH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Vince E. Wardlow v. State, 212 So. 3d 1091 (Fla. 2d DCA 2017)…rom the supreme court that the jury instruction for manslaughter by act constituted fundamental error, reversing the conviction and remanding for a new trial); Barros-Dias v. State, 141 So. 3d 674 (Fla. 2d DCA 2014) (same); see also Walden v. State, 162 So. 3d 84, 84 (Fla. 4th DCA 2014) (“If this Court had provided a citation to Williams, where we had certified a question of great public importance and conflict on the issue, Walden could have obtained relief from the Florida Supreme Court and would be entitl…
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Hooks v. State, 190 So. 3d 649 (Fla. 4th DCA 2014)…flict between District Courts in Williams v. State, 123 So. 3d 23 (Fla.2013). We agree with Petitioner that it would be manifestly unjust to deny him the same remedy that has been afforded to other similarly-situated defendants. See Walden v. State, 162 So. 3d 84 (Fla. 4th DCA 2014) (granting habeas corpus where this court failed to certify the conflict or provide a citation as had been requested by appellate counsel). We vacate the attempted second-degree murder convictions and remand for a new trial on t…
Authorities Cited (16 total)
- Amos Augustus Williams v. State, 40 So. 3d 72 (Fla. 4th DCA 2010)
- Amos Augustus Williams v. State, 123 So. 3d 23 (Fla. 2013)
- DE LA HOZ v. Crews, 123 So. 3d 101 (Fla. 3d DCA 2013)
- Morgan v. State, 132 So. 3d 930 (Fla. 4th DCA 2014)
- COX v. State, 132 So. 3d 956 (Fla. 4th DCA 2014)
- Coriolan v. State, 137 So. 3d 1080 (Fla. 4th DCA 2014)
- Lorenza Sessions v. State, 137 So. 3d 1167 (Fla. 4th DCA 2014)
- Lopez v. State, 138 So. 3d 488 (Fla. 4th DCA 2014)
- Kawuan L. Davis v. State, 138 So. 3d 489 (Fla. 4th DCA 2014)
- Fenster v. State, 141 So. 3d 232 (Fla. 4th DCA 2014)