A Florida circuit court judge has agreed to hear a post-conviction relief motion filed on behalf of Randall Holcombe, a man who was sentenced to four years of prison on a racketeering and grand theft conviction.
The reason?
The jury was fast asleep.
Let us explain.
Holcombe’s current attorney alleged that his previous defense counsel failed to provide him with effective counsel in is 2012 trial. Her primary evidence of this was pointing out that the previous counsel failed to notify the court when jury members had fallen asleep.
“The jurors not only slept through part of the state’s presentation, they also slept through cross-examination and the defendant’s presentation,” the motion alleges. “The defendant is entitled to relief because his trial counsel was ineffective when she did not object.”
Criminal defendants are entitled to a fair trial by a jury of their peers. But when those peers are asleep, an effective defense attorney will point that out and take action to rectify the situation.
If you believe you are entitled to an appeal or post-conviction relief as a result of ineffective counsel, our team at O’Brien Hatfield, P.A. can help.
