Martinez v. State

Diego Martinez filed a petition for writ of habeas corpus, contending that his appellate counsel provided constitutionally ineffective assistance for failing to raise, on direct appeal, the trial court’s giving of an erroneous instruction. That instruction advised the jury that Martinez had the burden of proving the defense of self-defense beyond a reasonable doubt. Martinez asserts that this instruction was fundamentally erroneous and appellate counsel’s failure to raise this fundamental error on appeal entitles him to relief.

We need not determine whether the error was fundamental, because…