Martin v. State

SHEPARD, Chief Justice.

In his post-conviction relief petition, Orlando Martin alleges ineffective assistance of counsel because his appellate attorney mentioned, but did not brief, a claim that the trial court improperly gave the jury an instruction after deliberations had begun. Concluding that this error neither constituted deficient performance nor prejudiced Martin's case, we affirm the denial of post-conviction relief.

Facts and Procedural History

Martin was charged with murdering Donald Stewart and tried before a jury in 1992. The evidence revealed that Martin sought out Stewart because…