Barnum v. State

Appellant, Henry Barnum, appeals the denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850, wherein he claimed that a supreme court decision, Thompson v. State, 695 So.2d 691 (Fla.1997), should be retroactively applied to reverse his judgment and sentence for attempted murder of a law-enforcement officer. We conclude that Barnum is entitled to relief under Moreland v. State, 582 So.2d 618 (Fla.1991), on the basis of fundamental fairness.

Barnum was convicted of attempted first-degree murder of a law-enforcement officer in violation of sections 782.04(l)(a)(l),…