DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
July Term 2006
DAVID W. FARMER,
STATE OF FLORIDA,
July 12, 2006
ON MOTION FOR REHEARING
David Farmer petitions this court for a writ of habeas corpus, alleging
that his appellate attorney provided ineffective assistance by failing to
raise fundamental errors in the jury instructions regarding the justifiable
use of deadly force. We grant the motion for rehearing and withdraw our
previous order denying the petition.
Without a complete appellate record, we cannot determine whether
the erroneous instructions constituted fundamental error in this case.
Accordingly, we grant Farmer a new appeal on this issue. We are not
deciding at this time whether this issue is barred by res judicata based
on the arguments presented on direct appeal.
STONE, WARNER and SHAHOOD, JJ., concur.
Petition alleging ineffective assistance of appellate counsel to the
Circuit Court for the Seventeenth Judicial Circuit, Broward County;
Stanton S. Kaplan, Judge; L.T. Case No. 01-6137 CF10A.
David W. Farmer, Moore Haven, pro se.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Claudine M.
LaFrance, Assistant Attorney General, West Palm Beach, for respondent.