An appeals court Wednesday ordered an evidentiary hearing in a case in which a Miami-Dade County woman was convicted of killing the former business partner of her late husband in 2008.
A panel of the 3rd District Court of Appeal backed a request by Janepsy Carballo, who was convicted of first-degree murder and sentenced to life in prison after shooting Ilan Nissim in her home.
The shooting came less than a month after her husband was murdered and her 18-month old child was wounded in an attack outside their home.
Carballo indicated she suspected Nissim was behind the ambush of her husband and child, according to Wednesday’s ruling.
Carballo contended that she shot Nissim in self-defense, and she unsuccessfully tried to use the state’s “stand your ground” law.
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In the appeal leading to Wednesday’s decision, Carballo argued that she had received “ineffective assistance of counsel” because her attorney advised against her testifying during the trial.
“She alleged that, because she did not testify, the trial court excluded a myriad of exculpatory evidence, including the 911 recording, evidence bearing on Nissim’s character, and statements from homicide investigators regarding the investigation,” Wednesday’s ruling, written by Judge Bronwyn Miller and joined by Judges Thomas Logue and Alexander Bokor, said.
“Without her testimony, she contended, her defense was not factually or legally viable.” The appeals court said an evidentiary hearing was needed to determine whether the attorney’s advice was deficient. “At trial, Carballo conceded through counsel she fired the shots that killed Nissim,” the ruling said. “Thus, the only issue left open for determination was whether the use of deadly force was justified under the law. Given that there were no other eyewitnesses to the crime and the admitted forensic evidence was overwhelmingly inculpatory, without Carballo’s testimony, the jury was arguably left without a reasonable basis for inferring self-defense.”
Carballo, now 45, is an inmate at Lowell Correctional Institution, according to the Florida Department of Corrections website.
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