People convicted of violent offenses will typically be sentenced to years in prison. Not all convictions are based on adequate evidence, though, and in many cases, there are grounds for challenging a jury’s verdict. People who wish to seek appellate or habeas relief must comply with the proper procedure, though, otherwise their challenges may be denied on procedural grounds. This was demonstrated in a recent Florida ruling in which the court granted the state’s motion to dismiss a habeas corpus petition, in part due to the defendant’s procedural defects. If you are accused of committing a violent crime, it is prudent to talk to a St. Petersburg violent crime defense lawyer about your case.
Facts of the Case and Procedural History
It is alleged that the defendant was indicted for first-degree murder and attempted first-degree murder. The jury found the defendant guilty of the lesser offenses of manslaughter and aggravated assault with a deadly weapon, resulting in sentences of eleven years and five years in prison, respectively. The defendant appealed the convictions, but the state appellate court affirmed the decision. The defendant did not seek post-conviction relief in state court.
Reportedly, the defendant filed a federal habeas corpus petition raising several claims: that the trial court violated his federal rights by denying motions to dismiss under Florida’s Stand Your Ground law, for judgment of acquittal due to insufficient evidence, and because the indictment did not allege all crime elements. Additionally, the defendant claimed ineffective assistance of counsel for not moving to sever the charges and for failing to raise issues on appeal. Continue reading →