State of Arizona v. Homer Ray Roseberry

Justice BERCH,

opinion of the Court.

¶ 1 We granted review to determine whether Homer Ray Roseberry should receive a new penalty phase hearing based on his claim that his appellate counsel was ineffective for failing to timely raise the issue of an unconstitutional jury instruction. Because Roseberry was not prejudiced by the alleged deficiency in counsel’s representation, the trial court did not abuse its discretion in denying his petition for post-conviction relief.

I. BACKGROUND

¶ 2 In October 2000, Roseberry agreed to transport approximately one thousand pounds of marijuana in his motorhome…