Pinkney v. Secretary, DOC

The Eleventh Circuit affirmed the district court's denial of a 28 U.S.C. 2254 petition for habeas relief. The court held that it was error for the trial court to give an instruction that had the effect of removing the defense of self-defense from the case, but the error was not fundamental. The court interpreted the Second District Court of Appeal decision rejecting petitioner's ineffective assistance of appellate counsel claim as having been based on the theory that while the forcible felony exception instruction was error, it was not fundamental error and, as a result, the direct appeal court would not have decided that claim on the merits if appellate counsel had raised the claim. In the alternative, the court did not believe that the instruction was fundamental error under Florida law. View "Pinkney v. Secretary, DOC" on Justia Law