DONNA M. WILLIAMSON, APPELLANT,

v.

DAVID M. WILLIAMSON, APPELLEE

Citator

Cited By (17 total)

• Padgett v. State, 743 So. 2d 70 (Fla. 4th DCA 1999)
  …denial of the right to counsel is not subject to a harmless error analysis, we decline to pass on the merits of appellant’s motion to withdraw plea. See Chapman v. California, 386 U.S. 18, 23 n. 8, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967); Lee v. State, 690 So. 2d 664 (Fla. 1st DCA 1997). Accordingly, we reverse the order denying Padgett’s 3.170(2) motion to withdraw his guilty plea and remand for the appointment of conflict-free counsel and a hew hearing on Padgett’s allegations that his plea was coerced by coun…
• Snelgrove v. State, 921 So. 2d 560 (Fla. 2005)
  …d the defendant’s argument to be without merit. Ortiz is the only case cited in which an appellate court disagreed with the trial court’s substantive finding that a conflict did not exist. The other cases cited by the defendant, i.e., Lee v. State, 690 So. 2d 664 (Fla. 1st DCA 1997), and Thomas v. State, 785 So. 2d 626 (Fla. 2d DCA 2001), focus upon the procedural process. They disapprove of a trial court’s failure to adequately inquire into whether a conflict existed. In this case, the trial court conducted…
• Wofford v. State, 819 So. 2d 891 (Fla. 1st DCA 2002)
  …armless error analysis. As Padgett and numerous other decisions point out, however, denial of the Sixth Amendment right to counsel is per se reversible error. See Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967); Lee v. State, 690 So. 2d 664 (Fla. 1st DCA 1997). The appealed order is reversed and the case is remanded. WEBSTER, J., concurs; MINER, J., dissents with written opinion.…

Authorities Cited

• Bowman v. Bowman, 597 So. 2d 399 (Fla. 1st DCA 1992)