Howard v. Moore

We grant Willie C. Howard’s petition for writ of habeas corpus, which alleged ineffective assistance of appellate counsel in connection with his direct appeal from his second degree murder conviction. We agree that his appellate attorney should have argued that the trial court’s reinstruction of the jury on the elements of second and third degree murder and manslaughter was incomplete, where the court refused Howard’s trial counsel’s request that the jury also be rein-structed on the justifiable use of deadly force. Fla. Std. Jury Instr. (Crim.) 3.04(d). The trial court reread the justifiable…