BRIAN HOOKS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The Fourth District Court of Appeal granted a petition for writ of habeas corpus and vacated attempted second-degree murder convictions because appellate counsel failed to request certification of a conflict or cite controlling precedent regarding jury instructions, preventing the petitioner from obtaining relief after the Florida Supreme Court resolved the conflict.
A writ of habeas corpus is granted and attempted second-degree murder convictions are vacated where appellate counsel failed to request certification of a conflict or provide citation to controlling precedent on jury instructions.
[1] Appellate counsel's failure to request certification of a conflict or cite controlling precedent regarding jury instructions, when such certification and citation would h…
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Join FLexlaw to unlock all legal intelligence“It would be manifestly unjust to deny him the same remedy that has been afforded to other similarly-situated defendants.”
Court's rationale for granting habeas corpus relief based on appellate counsel's failure to request conflict certification.
Petitioner was convicted of attempted second-degree murder and appealed, arguing fundamental error in the jury instruction. Appellate counsel did not …
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The petition for writ of habeas corpus is granted.. See Francois v. State, No. 4D14-1558, 2014 WL 5460633 (Fla. 4th DCA 2014) (granting an ineffective, appellate counsel petition where counsel failed to request certification of conflict or a citation to our decision in Williams v. State, 40 So.3d 72 (Fla. 4th DCA 2010)); In the direct appeal, Petitioner’s appellate counsel argued that there was fundamental error in’ the jury instruction. We affirmed without certifying a conflict or providing a citation.1 Hooks v. State, 82 So.3d 905 (Fla. 4th DCA 2011). This prevented petitioner from obtaining relief following the Florida Supreme Court’s decision resolving the conflict 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 those charges.
WARNER, FORST, and KLINGENSMITH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Amos Augustus Williams v. State, 40 So. 3d 72 (Fla. 4th DCA 2010)
- Amos Augustus Williams v. State, 123 So. 3d 23 (Fla. 2013)
- Hooks v. State, 82 So. 3d 905 (Fla. 4th DCA 2011)
- Quinten Walden v. State, 162 So. 3d 84 (Fla. 4th DCA 2014)