EDDIE GEORGE JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
EDDIE GEORGE JONES, APPELLANT,
STATE OF FLORIDA, APPELLEE
426 So. 2d 1229
Florida District Court of Appeal, Fourth District (1983)
Caution
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Reversed and remanded with directions that appellant be afforded an evidentiary hearing on his claims under Florida Rule of Criminal Procedure 3.850 that he had ineffective assistance of counsel and that an uncounseled conviction (subsequently set aside) was used to aggravate his sentence. See State v. Vazquez, 419 So. 2d 1088 (Fla.1982) and Reddick v. State, 190 So. 2d 340 (Fla.1966).
DOWNEY and ANSTEAD, JJ., concur. LETTS, C.J., dissents without opinion.
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Loomis v. Dimitrios Kaplaneris and Georgia Kaplaneris, 519 So. 2d 1058 (Fla. 2d DCA 1988)…h the action is pending may order the party to submit to a physical or mental examination by a physician or to produce the person in his custody or legal control for examination. The term “physician” was given strict construction in Barry v. Barry, 426 So. 2d 1229 (Fla. 4th DCA 1983), wherein the court refused to permit an examination by a “vocational rehabilitative counselor.” Although a psychologist may in some instances be qualified to give opinion testimony about subjects classifiable as “medical”; see, e…
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Ellis Landrum v. Armstrong World Indus., Inc., 535 So. 2d 656 (Fla. 3d DCA 1988)…not compel alleged libeled party to submit to mental examination under rule 1.360(a) even where broadcaster contended that party’s mental condition had become critical element in defense of lawsuit), aff'd, 467 So. 2d 282 (Fla.1985); Barry v. Barry, 426 So. 2d 1229 (Fla. 4th DCA 1983) (trial court’s order requiring examination by vocational rehabilitative counselor under rule 1.360(a) constituted departure from essential requirements of law). Finally, I think it is unseemly to permit this order to stand. The…
Authorities Cited
- State v. Vazquez, 419 So. 2d 1088 (Fla. 1982)
- Reddick v. State, 190 So. 2d 340 (Fla. 2d DCA 1966)