Case Conclusion Date: February 26, 2010
Practice Area: Criminal Defense
Outcome: Case about jury instructions.
Description: Appellate opinion stating that it is reversible error for criminal jury instructions to have the words "and/or" between names of victims. Analysis turned to whether it was a fundamental error. Opinon can be viewed at: http://www.2dca.org/opinions/Opinion_Pages/Opinion_Page_2010/February/February%2026,%202010/2D07-3392.pdf The significance of this case is that the post-conviction motion, alleging ineffective assitance of counsel, has been set up. The appellate court afforded no relief here (saying that the jury instructions were erroneous, but not fundamentally so). However, the appellate court stated that had there been an objection to the instructions as trial, then the error would have been reversible. Mr. Bodiford's work has all but assured the client that the case will be overturned in the post-conviction stage.