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Horne v. State, Case No. 1D09-4476 (Fla. App. 12/8/2009) (Fla. App., 2009)

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MICHAEL HORNE, Petitioner, v. STATE OF FLORIDA, Respondent. Case No. 1D09-4476. District Court of Appeal of Florida, First District. Opinion filed December 8, 2009. Petition Alleging Ineffective Assistance of Appellate Counsel ? Original Jurisdiction. Michael Horne, pro se, Petitioner. Bill McCollum, Attorney General, and Joshua R. Heller, Assistant Attorney General, Tallahassee, for Respondent. PER CURIAM. Petitioner argues that he received ineffective assistance of appellate counsel on direct appeal of his judgment and sentence for attempted second-degree murder in the Circuit Court for Leon County. After briefing was complete in his appeal, but before this court issued its opinion, this court held that giving of the standard jury instruction on manslaughter in a case of this nature was fundamental error...continue to full post

Full post as published by Florida Criminal Law Opinions on December 08, 2009 (boomark / email).