Avery Corbitt v. State

The issue presented is whether statements the trial court made during sentencing that Avery Corbitt failed to express remorse or take responsibility for his crimes are constitutionally impermissible. 1 In his Petition for Writ of Habeas Corpus, Corbitt alleges that the statements constitute fundamental error because they violate his constitutional rights to remain silent and to a jury trial. He further alleges that his appellate counsel was ineffective for failing to raise this issue in his prior appeal. Corbitt wants this court to vacate his sentence and remand this case for re-sentencing by…