JASON WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Jason Williams appealed the summary denial of his second postconviction relief claim under Florida Rule of Criminal Procedure 3.850, alleging his trial counsel was ineffective for failing to object to a self-defense jury instruction that improperly shifted the burden of proof from the State to the defendant. The court reversed the trial court's summary denial and remanded for an evidentiary hearing, holding that an instruction shifting the burden of proof on a defense is inappropriate and cannot constitute reasonable trial strategy.
Williams is entitled to an evidentiary hearing on his second claim for relief. An instruction that shifts the burden of proof in support of a defense to the defendant is inappropriate and cannot be viewed as reasonable trial strategy, making it a proper subject for ineffective assistance of counsel review through postconviction relief.
[1] A defendant may challenge counsel's failure to preserve a jury instruction issue for appeal through a motion for postconviction relief.
[2] A jury instruction that improperly shifts the burden of proof to the defendant on a defense is not reasonable trial strategy and warrants postconviction relief.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“An instruction that shifts the burden of proof in support of a defense to the defendant is inappropriate and cannot be viewed as reasonable trial strategy.”
Establishes the legal standard for ineffective assistance of counsel claims based on jury instructions in self-defense cases.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceWilliams was convicted at trial and filed a postconviction motion for relief. His first appeal resulted in reversal of the summary denial of his secon…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Ineffective Assistance Of Counsel Claim cases and more on FLexlaw
For the second time, Jason Williams appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Pro*289cedure 3.850. In Williams v. State, 207 So.3d 253 (Fla. 5th DCA 2016), we affirmed the summary denial of Williams’s first, third and fourth claims for relief. However, we reversed the summary denial of his second claim, which asserted that his counsel was ineffective for agreeing to, or failing to object to, portions of the self-defense jury instruction that improperly shifted the burden of proof from the State to him.1 We then remanded for the trial court to attach portions of the record conclusively refuting that claim or to hold an evidentiary hearing. Williams, 207 So.3d at 254. On remand, the postconviction court again summarily denied Williams’s second claim.2 This was error.
“A challenge to a jury instruction is properly raised on appeal, but when defense, counsel has failed to preserve the right to appeal the issue, a defendant may challenge his counsel’s performance through a motion for postconviction relief .... ” Ottesen v. State, 862 So.2d 30, 30 (Fla. 2d DCA 2003). An instruction that shifts the burden of proof in support of a defense to the defendant is inappropriate and cannot be viewed as reasonable trial strategy. Adams v. State, 727 So.2d 997, 999-1000 (Fla. 2d DCA 1999). Accordingly, Williams is entitled to an evidentiary hearing on his second claim for relief. See Hughes v. State, 22 So.3d 132, 135 (Fla. 2d DCA 2009). We reverse the trial court’s order summarily denying Williams’s second claim for relief and remand for an evidentiary hearing.
REVERSED and REMANDED.
SAWAYA, ORFINGER and LAMBERT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Hughes v. State, 22 So. 3d 132 (Fla. 2d DCA 2009)
- Emory Jack Brown, Jr. v. State, 454 So. 2d 596 (Fla. 5th DCA 1984)
- Rancourt v. State, 918 So. 2d 327 (Fla. 1st DCA 2005)
- Kwamin Hassan Thomas v. State, 918 So. 2d 327 (Fla. 1st DCA 2005)
- Ottesen v. State, 862 So. 2d 30 (Fla. 2d DCA 2003)
- Adams v. State, 727 So. 2d 997 (Fla. 2d DCA 1999)
- Pullum v. State, 893 So. 2d 627 (Fla. 2d DCA 2005)
- Williams v. State, 207 So. 3d 253 (Fla. 5th DCA 2016)