MICHAEL J. MARTIN
v.
STATE OF FLORIDA
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The court denied the petition for writ of habeas corpus alleging ineffective assistance of appellate counsel.
[1] Appellate counsel may be deemed constitutionally ineffective for failing to raise a fundamental error claim regarding a jury instruction on the duty to retreat in self-de…
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Join FLexlaw to unlock all legal intelligenceMichael Martin filed a petition in the Florida First District Court of Appeal claiming ineffective assistance of appellate counsel, apparently regardi…
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Petition Alleging Ineffective Assistance of Appellate Counsel— Original Jurisdiction.
October 31, 2018 PER CURIAM.
DENIED.
OSTERHAUS and WINSOR, JJ., concur; WOLF, J., dissents with opinion.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ WOLF, J., dissenting.
I would grant the petition for ineffective assistance of appellate counsel. See Andujar-Ruiz v. State, 205 So. 3d 803 (Fla. 2d DCA 2016) (holding appellate counsel was ineffective for failing to argue trial court’s instruction on duty to retreat constituted fundamental error).
_____________________________ Michael J. Martin, pro se, Petitioner. Pamela Jo Bondi, Attorney General, and Kaitlin Weiss, Assistant Attorney General, Tallahassee, for Respondent.