Billy Baker v. State of Florida

Summary

The Third District Court of Appeal of Florida denied Billy Baker’s petition for a writ of habeas corpus alleging ineffective assistance of appellate counsel. The court held that counsel was not deficient for failing to raise an argument based on precedent from which the Florida Supreme Court had receded, and rejected Baker’s second argument without discussion.

Holdings

1. Baker was not entitled to habeas corpus relief because appellate counsel was not deficient for failing to raise an argument based on Montgomery; the Florida Supreme Court had already receded from Montgomery, and the argument would have been meritless and rejected by the district court.

Questions Presented

1. Whether appellate counsel was ineffective for failing to argue that the trial court committed fundamental error by instructing the jury on the lesser-included offense of attempted voluntary manslaughter by act.
2. Whether Baker was entitled to habeas corpus relief based on his second asserted ground, which the court rejected without further discussion.

Disposition

writ_denied