HOWARD v. MOORE

No. 98-4440.

730 So.2d 800 (1999)

Willie C. HOWARD, Petitioner, v. Michael W. MOORE, Respondent.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 3, 1999.


Attorney(s) appearing for the Case

Willie Howard, Belle Glade, pro se.

Robert A. Butterworth, Attorney General, Tallahassee and Robert R. Wheeler, Assistant Attorney General, West Palm Beach, for respondent.


PER CURIAM.

We grant Willie C. Howard's petition for writ of habeas corpus, which alleged ineffective assistance of appellate counsel in connection with his direct appeal from his second degree murder conviction. We agree that his appellate attorney should have argued that the trial court's reinstruction of the jury on the elements of second and third degree murder and manslaughter was incomplete, where the court refused Howard's trial counsel's request that the jury...

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