Legal Opinion

Coleman v. State

District Court of Appeal of Florida

Decided April 5, 2013No. 2D12-2724PublishedCited by 6 opinions

1Per curiam

Joseph Coleman raises two grounds for relief in his petition alleging ineffective assistance of appellate counsel filed pursuant to Florida Rule of Appellate Procedure 9.141(d). We deny without comment the claim raised in ground two of the petition. In ground one, Coleman alleges that counsel was ineffective for failing to argue that the standard instruction provided to the jury for attempted manslaughter by act constituted fundamental error. We agree that appellate counsel was ineffective in failing to raise this issue, and we conclude that Coleman is entitled to a belated direct appeal on…

2Cases cited5 opinions

  1. State v. MontgomerySupreme Court of Florida · 2010
  2. Lamb v. StateDistrict Court of Appeal of Florida · 2009
  3. Houston v. StateDistrict Court of Appeal of Florida · 2011
  4. Banek v. StateDistrict Court of Appeal of Florida · 2011
  5. Deravil v. StateDistrict Court of Appeal of Florida · 2012

3Cited by6 opinions

  1. Roberts v. StateDistrict Court of Appeal of Florida · 2018
  2. Sanders v. StateDistrict Court of Appeal of Florida · 2014
  3. CORNELL ROBERTS v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018
  4. Coleman v. StateDistrict Court of Appeal of Florida · 2015
  5. Roberts v. StateDistrict Court of Appeal of Florida · 2018

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