Legal Opinion

Eford v. State

District Court of Appeal of Florida

Decided November 7, 2008No. 5D08-965PublishedCited by 1 opinion

1Opinion of the CourtEvander, J.

Eford petitions for a writ of habeas corpus, alleging ineffective assistance of appellate counsel. See generally, Fla. R. App. P. 9.141(c). Only one of the grounds raised in Eford’s petition merits discussion. Eford contends that appellate counsel was ineffective for failing to argue that *1171the trial court erred in not instructing the jury on justifiable and excusable attempted homicide when giving the attempted felony murder instruction. Eford acknowledges that his trial counsel did not object to the trial court’s omission of these instructions, but contends that the trial court committed…

2Cases cited5 opinions

  1. Pena v. StateSupreme Court of Florida · 2005
  2. Blandon v. StateDistrict Court of Appeal of Florida · 1995
  3. Smith v. StateDistrict Court of Appeal of Florida · 2000
  4. Franco v. StateDistrict Court of Appeal of Florida · 2005
  5. Gordon v. StateDistrict Court of Appeal of Florida · 2006

3Cited by1 opinion

  1. Joynt v. StateDistrict Court of Appeal of Florida · 2012

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