Terrance Jarod Hartley v. State of Florida
206 So. 3d 836
| Fla. Dist. Ct. App. | 2016Background
- Hartley was convicted by a jury of first-degree murder with a firearm; he appealed.
- Eyewitness and police testimony placed Hartley at the scene, identified him as the shooter, and showed he fired multiple shots into the victim’s vehicle.
- Additional evidence: Hartley showed another person a photo to identify the victim, fled from police, and gave inconsistent statements to investigators.
- Hartley did not move for a judgment of acquittal at trial, so the sufficiency issue was not preserved for appeal.
- On appeal Hartley argued (1) the State’s evidence was insufficient and (2) trial counsel was ineffective for failing to move for a judgment of acquittal to preserve that issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence | State contends evidence (eyewitness ID, presence, shots fired, flight, inconsistent statements) was sufficient | Hartley argues evidence was legally insufficient to support conviction | Court: Evidence was legally sufficient when viewed in light most favorable to the verdict; conviction affirmed |
| Ineffective assistance for failing to move for judgment of acquittal | Hartley: counsel was ineffective for not preserving sufficiency claim | State: any motion would have been denied; counsel not ineffective because no prejudice | Court: Even assuming deficiency, no prejudice because a judgment of acquittal could not have been granted; claim fails on the merits |
Key Cases Cited
- Tibbs v. State, 397 So. 2d 1120 (Fla. 1981) (standard for appellate review of denial of judgment of acquittal)
- Pagan v. State, 830 So. 2d 792 (Fla. 2002) (sufficiency review: view evidence in light most favorable to the State)
- Wilson v. State, 493 So. 2d 1019 (Fla. 1986) (treatment of circumstantial evidence standards)
- Morales v. State, 170 So. 3d 63 (Fla. 1st DCA 2015) (eyewitness ID and shooting facts upheld attempted murder conviction)
- Monroe v. State, 191 So. 3d 395 (Fla. 2016) (ineffective assistance apparent on record where counsel failed to preserve sufficiency issue)
- Strickland v. Washington, 466 U.S. 668 (1984) (prejudice requirement for ineffective-assistance claims)
- Willacy v. State, 967 So. 2d 131 (Fla. 2007) (counsel not ineffective for failing to make futile objections)
- Stewart v. State, 420 So. 2d 862 (Fla. 1982) (ineffective-assistance claims cognizable on direct appeal when record shows claim)
- McKinney v. State, 579 So. 2d 80 (Fla. 1991) (trial court is appropriate forum for many ineffective-assistance claims)