Legal Opinion

James K. Jewell v. James Crosby

Court of Appeals for the Eleventh Circuit

Decided June 22, 2005No. 04-11422; D.C. Docket 02-01610-CV-T-24-MSSUnpublished

1Per curiam

James K. Jewell, a Florida state prisoner proceeding pro se, appeals the district court’s denial of his habeas petition, brought pursuant to 28 U.S.C. § 2254. 1

Jewell was charged with multiple counts, including attempted second-degree murder of a law enforcement officer (“LEO”). At the conclusion of a jury trial, the judge instructed the jury that if they found Jewell guilty of attempted second-degree murder, they then must determine if the offense involved a deadly weapon. The court further instructed that, if the jury found Jewell guilty of a lesser offense of aggravated assault, the jury…

2Cases cited8 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Williams v. TaylorSupreme Court of the United States · 2000
  3. Blakely v. WashingtonSupreme Court of the United States · 2004
  4. Teague v. LaneSupreme Court of the United States · 1989
  5. Sims v. SingletaryCourt of Appeals for the Eleventh Circuit · 1998

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