ARTHUR LEE HUGHES APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed Arthur Hughes's convictions after the Florida Supreme Court held that a trial court cannot deny a defendant's unequivocal request for self-representation based on concerns about a fair trial, overruling prior First District precedent that had permitted such denials.
No. A trial court cannot deny a defendant's unequivocal request for self-representation based on fair trial concerns. The trial court erred in denying Hughes's request absent any indication that his waiver of counsel was not knowing and voluntary.
[1] A trial court may not deny a defendant's unequivocal request to represent himself based solely on a concern that self-representation might deprive the defendant of a fair…
[2] A defendant's knowing waiver of the right to counsel cannot be overridden by a trial court's concern for a fair trial if the defendant proceeds pro se.
Previewing 2 of 3 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“ONCE A TRIAL COURT HAS DETERMINED THAT A DEFENDANT HAS KNOWINGLY WAIVED HIS OR HER RIGHT TO COUNSEL, MAY THE COURT NONETHELESS REQUIRE THE DEFENDANT TO BE REPRESENTED BY COUNSEL BECAUSE OF CONCERN THAT THE DEFENDANT MIGHT BE DEPRIVED OF A FAIR TRIAL IF TRIED WITHOUT SUCH REPRESENTATION?”
The certified question to the Florida Supreme Court, which the court answered in the negative
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Join FLexlaw to unlock all legal intelligenceHughes made an unequivocal request to represent himself at trial. The trial court denied this request, stating it would deprive Hughes of a fair trial…
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ALLEN, Judge.
In Hughes v. State, 686 So. 2d 710 (Fla. 1st DCA 1996), we affirmed the appellant’s convictions despite the trial court’s denial of the appellant’s unequivocal request to represent himself. We did so in accordance with precedent from this court holding that the request of a defendant in a criminal prosecution to proceed without counsel may be denied upon a finding by the trial court that self-representation would deprive the defendant of a fair trial. See Smith v. State, 444 So. 2d 542 (Fla. 1st DCA 1984); Keene v. State, 420 So. 2d 908 (Fla. 1st DCA 1982), rev. denied, 430 So. 2d 452 (Fla.1983); Costello v. Carlisle, 413 So. 2d 834 (Fla. 1st DCA 1982); Robinson v. State, 368 So. 2d 674 (Fla. 1st DCA 1979); Ausby v. State, 358 So. 2d 562 (Fla. 1st DCA 1978), cert. denied, 365 So. 2d 715 (Fla.1978). We noted conflict with the Second District’s opinion in Bowen v. State, 677 So. 2d 863 (Fla. 2d DCA 1996) (en banc), on this point and certified the same question as the court in Bowen:
ONCE A TRIAL COURT HAS DETERMINED THAT A DEFENDANT HAS KNOWINGLY WAIVED HIS OR HER RIGHT TO COUNSEL, MAY THE COURT NONETHELESS REQUIRE THE DEFENDANT TO BE REPRESENTED BY COUNSEL BECAUSE OF CONCERN THAT THE DEFENDANT MIGHT BE DEPRIVED OF A FAIR TRIAL IF TRIED WITHOUT SUCH REPRESENTATION?
In State v. Bowen, 698 So. 2d 248 (Fla.1997), the supreme court answered the question in the negative and subsequently quashed our opinion in Hughes. See Hughes v. State, 700 So. 2d 647 (Fla. 1997). Because this decision effectively overruled our prior precedent on this issue, we recede from Smith, Keene, Costello, Robinson, and Ausby, to the extent that they recognize a fair trial standard under Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975).
Because the appellant made an unequivocal request for self-representation, the trial court erred in denying that request in the absence of any indication that the appellant’s waiver of counsel was not knowing and voluntary. See Faretta; Bowen.
We accordingly reverse the appellant’s convictions and remand this case to the trial court.
MICKLE and LAWRENCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Sparaga v. State, 111 So. 3d 260 (Fla. 1st DCA 2013)…per inquiry regarding a waiver of counsel and required him to proceed pro se when he had not waived his right to legal representation even though he had discharged appointed counsel. . Keene was receded from on different grounds in Hughes v. State, 701 So. 2d 378, 379 (Fla. 1st DCA 1997).…
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Hughes v. State, 740 So. 2d 44 (Fla. 1st DCA 1999)…court answered the certified question and subsequently quashed our opinion. See Hughes v. State, 700 So. 2d 647 (Fla.1997) (Hughes II). We accordingly reversed petitioner’s convictions and remanded this case to the trial court. See Hughes v. State, 701 So. 2d 378 (Fla. 1st DCA 1997) (Hughes III). On remand to the trial court, petitioner made an unequivocal request for the appointment of counsel and stated that he no longer wished to exercise his right to self-representation. The trial court felt it was boun…
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State v. Lazarre, 906 So. 2d 314 (Fla. 4th DCA 2005)…te ex. rel. Hanks v. Goodman, 253 So. 2d 129 (Fla.1971); Branam, 434 So. 2d at 950 (Fla. 2d DCA 1983); State v. Gravlee, 276 So. 2d 480 (Fla.1973); Smith v. State, 444 So. 2d 542 (Fla. 1st DCA 1984), receded from on other grounds by Hughes v. State, 701 So. 2d 378 (Fla. 1st DCA 1997) (all holding that demands for speedy trials filed prior to filing of information or indictment by state were a nullity). The trial court relied on Genden v. Fuller, 648 So .2d 1183, 1185 (Fla.1994), which held “the speedy trial…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (13 total)
- Faretta v. California, 422 U.S. 806 (U.S. 1975)
- State v. Bowen, 698 So. 2d 248 (Fla. 1997)
- State v. Thompson, 444 So. 2d 542 (Fla. 3d DCA 1984)
- Ausby v. State, 358 So. 2d 562 (Fla. 1st DCA 1978)
- Amado L. Pedroso v. State, 420 So. 2d 908 (Fla. 2d DCA 1982)
- Smiley Vincent Keene v. State, 420 So. 2d 908 (Fla. 1st DCA 1982)
- Bowen v. State, 677 So. 2d 863 (Fla. 2d DCA 1996)
- Gardner v. State, 368 So. 2d 674 (Fla. 1st DCA 1979)
- Robinson v. State, 368 So. 2d 674 (Fla. 1st DCA 1979)
- Michael v. Costello, 413 So. 2d 834 (Fla. 1st DCA 1982)