Jones v. State

Justin Lamar Jones seeks a writ of habeas corpus, alleging one claim of ineffective assistance of appellate counsel. Specifically, he argues the attempted manslaughter jury instruction given in his case constituted fundamental error, and counsel’s failure to raise the issue on direct appeal constituted ineffective assistance. . We grant the petition. See Pierce v. State, 121 So.3d 1091, 1093-94 (Fla. 5th DCA 2013) (holding failure of appellate counsel to argue on direct appeal that instructions for attempted manslaughter by act were fundamentally flawed constituted ineffective assistance of…