Michael Bernard Horn v. Secretary, Department of Corrections

Michael Horn, who was convicted in Florida of animal cruelty and sentenced to five years and one day in prison as a habitual felony offender, appeals the denial of his petition for a writ of habeas corpus. The district court granted a certificate of appealability on a single claim — whether Mr. Horn’s trial counsel rendered ineffective assistance by failing to object to the inclusion of an extraneous jury instruction. After review of the record and the parties’ briefs, we affirm the denial of habeas relief.

I

In relevant part, Fla. Stat. § 828.12(2) provides that “a person who intentionally…