St. Petersburg Criminal Lawyer Blog
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.
On review, the court focused on whether the defendant exhausted state court remedies and whether the claims were procedurally barred. The court reiterated that federal habeas corpus relief requires exhaustion of state remedies, meaning the defendant must present the federal nature of the claim in state courts through a complete round of appellate review.
In the subject case, the court found that the defendant failed to exhaust state remedies for several claims and dismissed those claims as procedurally barred. Specifically, the court dismissed the claims under Florida’s Stand Your Ground law, insufficient evidence for manslaughter, and indictment deficiencies due to the lack of state court exhaustion and procedural default.
For the ineffective assistance of counsel claims, the court determined that the defendant did not seek post-conviction relief in state court and, despite the court’s warnings, failed to demonstrate cause and actual prejudice or a miscarriage of justice to overcome the procedural default. Consequently, the court granted the respondent’s motion to dismiss the habeas corpus petition.
Talk to a Skilled St. Petersburg Criminal Defense Attorney
If you are accused of murder or any other crime involving violent acts, it is important to understand your rights and potential defenses, and you should talk to an attorney as soon as possible. The skilled St. Petersburg violent crime defense attorneys at Hanlon Law can aid you in pursuing the best possible outcome given the specifics of your situation. Contact Hanlon Law through our online form or by calling 727-897-5413 to schedule a discussion.