Washington v. State, 113 So. 3d 1028

Washington challenged a manslaughter conviction after a postconviction motion; he claimed ineffective assistance of trial counsel for not requesting a more expansive self-defense jury instruction.
He was charged with first-degree murder with a firearm and robbery with a firearm; the robbery charge was nolle prosequied; trial defense was self-defense.
The jury convicted of the lesser offense of manslaughter with a firearm; on direct appeal, this Court affirmed.
Washington pursued a Rule 3.850 motion asserting six grounds; the court held an evidentiary hearing on three, denied relief overall except for one issue.
The issue found in favor of relief concerned failure to request an instruction that included aggravated assault and aggravated battery as potential felonies justifying the use of force; the court reversed and remanded for a new trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial counsel was ineffective for not seeking felonies in the self-defense instruction.	Washington argues failure to include aggravated assault/battery deprived him of a complete self-defense theory.	Washington contends the omission prejudiced him by misdirecting the jury about justifiable force.	Yes; deficiency established and prejudice shown; reversal and remand for new trial.
Whether the omission affected the prejudice analysis under Strickland.	Washington maintains prejudice since defense theory was undercut.	State argues any prejudice was not proven.	Prejudice established; instruction omission undermined defense.
Whether the trial court properly applied Strickland's mixed standard of review.	Washington disputes the trial court’s evaluation of conduct as strategic.	State defends trial court’s deference to professional norms.	Court applies mixed standard; determinations of deficient performance and prejudice reviewed accordingly.

Reynolds v. State, 99 So.3d 459 (Fla.2012) (strategic decisions can be reasonable; not ineffective if alternatives considered)
Sochor v. State, 883 So.2d 766 (Fla.2004) (mixed standard of review on factual and legal conclusions)
Bolin v. State, 41 So.3d 151 (Fla.2010) (deficiency requires acts outside reasonable professional norms)
Occhicone v. State, 768 So.2d 1037 (Fla.2000) (strategic decisions not ineffective if reasonable under norms)
Maxwell v. Wainwright, 490 So.2d 927 (Fla.1986) (standard for evaluating performance and prejudice)
Stoute v. State, 987 So.2d 748 (Fla.4th DCA 2008) (defective self-defense instruction can be prejudicial)
Talley v. State, 106 So.3d 1015 (Fla.2d DCA 2013) (instruction errors that negate defense are highly prejudicial)