Michael J. Martin v. State of Florida

District Court of Appeal of Florida

Michael J. Martin v. State of Florida

CourtDistrict Court of Appeal of Florida

DecidedOctober 31, 2018

Docket17-3655

StatusPublished

This text of Michael J. Martin v. State of Florida (Michael J. Martin v. State of Florida) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Michael J. Martin v. State of Florida, (Fla. Ct. App. 2018).

Pincite

Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D17-3655 _____________________________

MICHAEL J. MARTIN,

Petitioner,

v.

STATE OF FLORIDA,

Respondent. _____________________________

Petition Alleging Ineffective Assistance of Appellate Counsel— Original Jurisdiction.

October 31, 2018

PER CURIAM.

DENIED.

OSTERHAUS and WINSOR, JJ., concur; WOLF, J., dissents with opinion. _____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

WOLF, J., dissenting. I would grant the petition for ineffective assistance of appellate counsel. See Andujar-Ruiz v. State, 205 So. 3d 803 (Fla. 2d DCA 2016) (holding appellate counsel was ineffective for failing to argue trial court’s instruction on duty to retreat constituted fundamental error).

_____________________________

Michael J. Martin, pro se, Petitioner.

Pamela Jo Bondi, Attorney General, and Kaitlin Weiss, Assistant Attorney General, Tallahassee, for Respondent.

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