Appellate Law

Certified Question: Lies at Plea Hearings

By Matt Conigliaro

In this case, the Second District certified the following to the Florida Supreme Court as a question of great public importance:

MAY PRISONERS IN POSTCONVICTION PROCEEDINGS PREVENT THE ANSWERS THEY GAVE UNDER OATH AT PLEA OR SENTENCING HEARINGS FROM CONCLUSIVELY REFUTING THEIR CLAIM BY ALLEGING THAT THEIR ATTORNEY INSTRUCTED THEM TO LIE ABOUT WHETHER THE ATTORNEY MADE ANY PROMISES BEFORE THEY ENTERED THEIR PLEAS?

The district court’s answer? No — the defendant is estopped to change stories.

Full post as published by Abstract Appeal on February 03, 2011 (boomark / email).