PAUL JENNINGS HILL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. | 1995-06-22
No. 84838
GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.
656 So. 2d 1271 Florida Supreme Court (1995) Negative Treatment
Cited by 20 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Paul Jennings Hill, convicted of first-degree murder and sentenced to death, sought to represent himself on appeal and discharge his public defender. The Florida Supreme Court denied his motion, holding that unlike trial proceedings, defendants have no absolute right to self-representation on appeal in capital cases where the court must conduct meaningful appellate review.


Holding

The court denied Hill's motion for self-representation on appeal. Although defendants have a constitutional right to self-representation at trial under Faretta, no such absolute right exists on appeal. In capital cases specifically, the court must deny self-representation to ensure meaningful appellate review of the conviction and sentence through skilled adversarial assistance of counsel.


Headnotes

[1] A defendant does not have an absolute right to argue their own appeal or be present at appellate proceedings.

[2] The right to self-representation at trial does not extend to appellate proceedings.

Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“The discretionary nature of the power in question grows out of the fact that a prisoner has no absolute right to argue his own appeal or even to be present at the proceedings in an appellate court.”

Establishes that prisoners lack an absolute right to self-representation on appeal, unlike at trial

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Hill was charged with first-degree murder in Escambia County and represented himself at trial with standby counsel. He was convicted and sentenced to …

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant Paul Jennings Hill was charged with first-degree murder in Escambia County. Upon his motion, Hill was permitted to represent himself at the trial, together with standby counsel. Hill was convicted and sentenced to death. His appeal is now pending in this Court, and he is represented by the public defender. Hill has now moved for leave to represent himself on appeal and to discharge the public defender’s office as appellate counsel. We have jurisdiction under article Y, section 3(b)(1) of the Florida Constitution.

Pursuant to our directive, the Honorable Elzie S. Sanders, Circuit Judge of the Eighth Judicial Circuit of Florida, conducted a hearing on Hill’s motion. Judge Sanders found that Hill comprehends his constitutional right to assistance of counsel in the appeal process and has knowingly and voluntarily waived his right to assistance of counsel in the appeal. Judge Sanders recommended that Hill be permitted to represent himself but that the public defender continue in the case as “next friend of the court.”

The principle of Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975), concerning self-representation is not applicable to appeals. Indeed, the Faretta court cited with approval Price v. Johnston, 334 U.S. 266, 68 S.Ct. 1049, 92 L.Ed. 1356 (1948). Faretta, 422 U.S. at 816, 95 S.Ct. at 2531-32. In Price, the United States Supreme Court stated:

The discretionary nature of the power in question grows out of the fact that a prisoner has no absolute right to argue his own appeal or even to be present at the proceedings in an appellate court. The absence of that right is in sharp contrast to his constitutional prerogative of being present in person at each significant stage of a felony prosecution and to his recognized privilege of conducting his own defense at the trial.

334 U.S. at 285, 68 S.Ct. at 1060 (citations and footnote omitted).

The transcript of the hearing clearly supports Judge Sanders’ findings with respect to Hill’s competency and knowing and voluntary. waiver of assistance of counsel. However, this is the direct appeal of a capital case. The Court is concerned that it cannot properly carry out its statutory responsibility to review Hill’s conviction and sentence of death without the skilled adversarial assistance of a lawyer acting on Hill’s behalf, particularly as it concerns the sufficiency of the evidence to convict and the proportionality of the death sentence. As this Court stated in Klokoc v. State, 589 So. 2d 219 (Fla. 1991), when the defendant moved to dismiss the appeal from his death sentence:

[Cjounsel for the appellant is hereby advised that in order for the appellant to receive a meaningful appeal, the Court must have the benefit of an adversary proceeding with diligent appellate advocacy addressed to both the judgment and the sentence.

Accordingly, counsel for appellant is directed to proceed to prosecute the appeal in a genuinely adversary manner, providing diligent advocacy of appellant’s interests. The foregoing rulings are made without prejudice to the right of appellant to request leave to file a pro se supplemental brief setting forth his personal positions and interests with regard to the subject matter of this appeal.

Id. at 221-22 (quoting order on motion to dismiss appeal). Thus, we deny Hill’s motion. Because this is a capital case, we will permit Hill to file a pro se supplemental brief on or before the time within which his attorney’s brief shall be filed.

It is so ordered.

GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Moore v. State, 701 So. 2d 545 (Fla. 1997)
    …than considering them without briefing. Staff review of the record is no substitute for appellate advocacy, and appellant is obviously entitled to the benefit of competent counsel on appeal in addressing these fundamental issues. See Hill v. State, 656 So. 2d 1271, 1272 (Fla.1995). Further, I cannot agree with the majority that it was permissible for the State to tell the jury that the appellant’s entire case for mitigation was “the most aggravating factor of all” in determining whether appellant should be…
  • State v. Bowen, 698 So. 2d 248 (Fla. 1997)
    …experience as factors in determining whether to accept a waiver of assistance of counsel. The committee should consider the rule in light of our decision and the district court decision in the instant case, as well as our decision in Hill v. State, 656 So. 2d 1271 (Fla.1995), in which we emphasized that a defendant does not need the technical legal knowledge of an attorney before being permitted to proceed pro se. I also believe that the Florida Conference of Circuit Judges should develop a colloquy for tri…
  • Davis v. State, 789 So. 2d 978 (Fla. 2001)
    …rt. See Hooks v. State, 253 So. 2d 424, 427 (Fla.1971), cert. denied, 405 U.S. 1044, 92 S.Ct. 1330, 31 L.Ed.2d 587 (1972). Also vested in the sound discretion of an appellate court is the decision whether to accept pro se filings. See Hill v. State, 656 So. 2d 1271, 1272 (Fla.1995). We have in isolated instances exercised our discretion to accept pro se filings in direct appeal cases where the represented appellant has been sentenced to death. See id. (accepting pro se brief in lieu of request to proceed pro s…

Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw