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3rd DCA ROUNDUP-QUANTUM MECHANICS EDITION

By "Captain Liberty" and "Rumpole"

We continue our semi regular review of decisions by the best damn appellate court* on or near the FIU campus. We start with a case from the Keys: In Bruce v. State, the lesson here is strictly for our robed readers: You can no longer deny pro se motions with impunity because a defendant has counsel. In Sheppard v. State, 17 So.3d 275 (Fla. 2009) the Supreme Court created a limited exception to striking pro se motions when the defendant has counsel. When the defendant moves to withdraw a plea the court must conduct a limited inquiry to see whether there is an adverse relationship between the defendant and his attorney. In Bruce, Bruce filed a motion to withdraw a plea and actually made the allegation of a conflict between himself and his attorney, so the case was returned to the trial judge to conduct an inquiry...continue to full post

Full post as published by Justice Building Blog on June 23, 2010 (boomark / email).