Jonathan Page v. State
201 So. 3d 207
| Fla. Dist. Ct. App. | 2016Background
- In March 2010 Jonathan Page was convicted by jury of second-degree murder, attempted first-degree murder, and attempted robbery; the jury received a standard manslaughter-by-intentional-act instruction as a lesser-included offense to second-degree murder.
- One month after Page’s trial the Florida Supreme Court decided State v. Montgomery, holding the standard manslaughter-by-act instruction was erroneous because it incorrectly required proof of intent to kill, and that use of that instruction can be fundamental error when a defendant is convicted of second-degree murder.
- Page’s direct appeal was handled via an Anders brief; his counsel did not raise a Montgomery claim, and this court affirmed without opinion. Page later sought relief for appellate counsel’s omission but that proceeding was dismissed.
- The Second District certified whether giving both the flawed manslaughter-by-act instruction and a manslaughter-by-culpable-negligence instruction cures the error; the Florida Supreme Court later held in Haygood that the culpable-negligence instruction does not cure the error when the evidence supports manslaughter-by-act but not culpable negligence.
- Relying on prior Fifth DCA decisions that applied the manifest injustice doctrine, the Fifth District here granted Page habeas relief: it reversed Page’s second-degree murder conviction and remanded for a new trial on that count, leaving his other convictions intact.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the use of the flawed manslaughter-by-act jury instruction is fundamental error when defendant is convicted of second-degree murder | Page: The instruction was fundamentally erroneous under Montgomery and requires reversal | State: Earlier DCA decisions suggested a culpable-negligence instruction can cure error; prior affirmance without opinion and appellate choices weigh against relief | The court held the error is fundamental in these circumstances and granted habeas relief as manifest injustice, reversing second-degree murder conviction |
| Whether giving a manslaughter-by-culpable-negligence instruction cures the error from the flawed manslaughter-by-act instruction | Page: It does not cure the error when the evidence supports manslaughter-by-act but not culpable negligence | State: Some district courts had held the culpable-negligence instruction alleviates the Montgomery error | Court followed Florida Supreme Court in Haygood: culpable-negligence instruction does not cure the error in that evidentiary context |
| Whether appellate counsel’s failure to raise Montgomery on direct appeal constituted ineffective assistance preventing relief | Page: Counsel’s Anders brief omitted a meritorious Montgomery claim, denying meaningful appellate review and further review in the Florida Supreme Court | State: Anders procedure and conflicting DCA authority made counsel’s omission understandable; prior per curiam affirmance limited further review | Court granted relief via the manifest injustice/habeas route rather than resolving ineffective-assistance claim on the merits, noting prior missed opportunities justified relief |
| Whether prior per curiam affirmance without opinion prevented Supreme Court review and compounded the injustice | Page: The court’s silent affirmance blocked review by the Florida Supreme Court (Jenkins), compounding manifest injustice | State: Formal affirmance ends that avenue of review | Court recognized the Jenkins limitation and that the prior per curiam affirmance contributed to the need for corrective relief |
Key Cases Cited
- State v. Montgomery, 39 So.3d 252 (Fla. 2010) (manslaughter-by-act instruction does not require proof of intent; erroneous instruction can be fundamental error)
- Haygood v. State, 109 So.3d 735 (Fla. 2013) (manslaughter-by-culpable-negligence instruction does not cure a flawed manslaughter-by-act instruction when evidence supports act but not culpable negligence)
- Paul v. State, 183 So.3d 1154 (Fla. 5th DCA 2015) (granting habeas relief under manifest injustice doctrine for same instructional error)
- Coleman v. State, 128 So.3d 193 (Fla. 5th DCA 2013) (granting habeas relief on similar grounds)
- Anders v. California, 386 U.S. 738 (U.S. 1967) (procedural standard for appellate counsel filing an Anders brief)
- Jenkins v. State, 385 So.2d 1356 (Fla. 1980) (Florida Supreme Court lacks jurisdiction to review district court per curiam affirmances issued without opinion)
- State v. Akins, 69 So.3d 261 (Fla. 2011) (appellate courts may correct prior erroneous rulings in exceptional circumstances to prevent manifest injustice)