Legal Opinion
Clark v. State
District Court of Appeal of Florida
Decided November 4, 2009No. 4D09-595PublishedCited by 2 opinions
1Per curiam
In Clark v. State, 876 So.2d 1259 (Fla. 4th DCA 2004), this court affirmed Walter Clark’s conviction for aggravated battery on a law enforcement officer (LEO) but reversed a battery on a LEO conviction that violated double jeopardy. Following resentencing and a subsequent appeal, Clark has now filed a petition alleging that his appellate counsel was ineffective in failing to argue in the direct appeal that fundamental error occurred when the jury was instructed regarding the forcible-felony-exception to a claim of self defense. See § 776.041(1), Fla. Stat. (1999) (prohibiting the use of force…
2Cases cited10 opinions
- Martinez v. StateSupreme Court of Florida · 2008
- Giles v. StateDistrict Court of Appeal of Florida · 2002
- Rich v. StateDistrict Court of Appeal of Florida · 2003
- In Re Standard Jury Inst. in Crim. Cases No. 2007-03Supreme Court of Florida · 2008
- Fair v. CrosbyDistrict Court of Appeal of Florida · 2003
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3Cited by2 opinions
- Furney v. StateDistrict Court of Appeal of Florida · 2013
- Gregory v. StateDistrict Court of Appeal of Florida · 2014