Jason Williams v. State
224 So. 3d 288
| Fla. Dist. Ct. App. | 2017Background
- Appellant Jason Williams filed a Florida Rule of Criminal Procedure 3.850 motion alleging, among other claims, ineffective assistance of trial counsel for agreeing to or failing to object to portions of the self-defense jury instruction that shifted the burden of proof to him.
- This is Williams’s second appeal of the summary denial of his 3.850 motion; the Fifth District previously affirmed denial of other claims but reversed as to the ineffective-assistance/jury-instruction claim and remanded for the trial court to attach record support or hold an evidentiary hearing.
- On remand, the postconviction court again entered a summary denial and attached the entire trial transcript, its original order, and the appellate mandate.
- The Fifth District held that an instruction that shifts the burden of proof to the defendant is legally improper and cannot be defended as reasonable trial strategy.
- The court concluded Williams was entitled to an evidentiary hearing on the ineffective-assistance claim and reversed and remanded the summary denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel was ineffective for agreeing to or failing to object to a self-defense jury instruction that shifted the burden of proof | Williams: instruction shifted burden to him and counsel’s failure to object was deficient performance warranting relief | State: summary denial; court attached records and maintained no relief was due | Reversed summary denial; remanded for evidentiary hearing because burden-shifting instruction cannot be reasonable strategy |
| Whether the trial court properly disposed of the claim on the existing record | Williams: prior remand required either specific record attachments conclusively refuting the claim or an evidentiary hearing | State: relied on attaching broad portions of the record (entire transcript) to the denial | Trial court’s practice of attaching the entire record frustrates review; specific records required and failure supports reversal |
Key Cases Cited
- Williams v. State, 207 So. 3d 253 (Fla. 5th DCA 2016) (prior appellate decision reversing summary denial and remanding on the jury-instruction/ineffective-assistance claim)
- Brown v. State, 454 So. 2d 596 (Fla. 5th DCA 1984) (the State must prove guilt beyond a reasonable doubt, including proof that defendant did not act in self-defense)
- Adams v. State, 727 So. 2d 997 (Fla. 2d DCA 1999) (an instruction that shifts the burden of proof in support of a defense to the defendant is inappropriate and cannot be defended as reasonable strategy)
- Hughes v. State, 22 So. 3d 132 (Fla. 2d DCA 2009) (defendant entitled to evidentiary hearing where ineffective assistance claim challenges preservation of jury-instruction issues)
- Pullum v. State, 893 So. 2d 627 (Fla. 2d DCA 2005) (trial court must attach specific files and records to a summary 3.850 denial; attaching overly broad records can frustrate appellate review)