Riley v. State

Eddie Riley presents a timely claim of ineffective assistance of appellate counsel. We find no merit to petitioner’s assertion that appellate counsel should have presented an argument that the trial court erred in denying his motion to suppress statements made to the police. We conclude, however, that appellate counsel was ineffective for failing to raise an issue of reversible error in the jury instructions.1 A large portion of our analysis is predicated upon the supreme court’s holding in State v. Abreau, 363 So.2d 1063 (Fla.1978), that the court’s failure to instruct on an offense one step…