THOMAS LAMONT ISAAC, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Thomas Lamont Isaac appealed the denial of his post-conviction motion for relief, arguing the trial court erred by refusing to appoint counsel to represent him at the hearing. The Florida District Court of Appeal affirmed, holding that the trial court properly applied the Graham v. State criteria in determining that appointed counsel was not necessary.
The trial court did not err in refusing to appoint counsel. Under Graham v. State criteria, appointed counsel was not necessary because the matter was not complex, did not require extensive legal research, all relevant witnesses testified, and the record demonstrated an appointed lawyer would not have aided Isaac in proving he was entitled to a new trial. Additionally, Maro's representation was not deficient and did not prejudice Isaac under Strickland v. Washington standards.
[1] A trial court is not required to appoint counsel for an indigent defendant in a post-conviction relief proceeding if the matter is not complex and does not require extens…
[2] The need for an evidentiary hearing in a post-conviction relief proceeding does not automatically mandate the appointment of counsel.
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Join FLexlaw to unlock all legal intelligence“the need for an evidentiary hearv ing does not automatically require the appointment of counsel; however, any doubt about the need for counsel must be decided in favor of the indigent defendant”
Establishes the legal standard for whether counsel must be appointed at post-conviction hearings under Graham and Williams
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Join FLexlaw to unlock all legal intelligenceIsaac sought post-conviction relief alleging ineffective assistance of his trial counsel, Jack Maro. Isaac claimed Maro failed to provide him discover…
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THOMPSON, Judge.
Thomas Lamont Isaac appeals the denial of his 3.850 motion for post-conviction relief. He argues the trial court erred by not appointing a lawyer to represent him at the hearing. We affirm.
The trial court conducted a hearing on Isaac’s allegation of ineffective assistance of counsel, but refused to appoint an attorney for Isaac. After the hearing, the trial court denied Isaac relief. Isaac argues that the trial court erred in denying his request for counsel, in that the court did not comply with the requirements of Graham v. State, 372 So. 2d 1363 (Fla.1979).1 Isaac points out that there was no information as to his education or ability to represent himself in an adversarial proceeding. Isaac argues that his lack of education and lack of sophistication militate against the conclusion that he was able to meet the technical requirements of proving the allegations he raised in his motion for post-conviction relief.
Isaac alleged that his trial counsel, Jack Maro, did not provide him with discovery received from the state. This is refuted by the record. At the evidentiary hearing, Maro testified that he photocopied discovery documents and gave them to Isaac. Further, Maro testified that he gave copies of depositions and other discovery to Isaac’s mother, Betty Isaac, to take to him. At the evidentiary hearing, she acknowledged getting the material and having questions about them. Additionally, Maro and the trial court each had independent recollections of Maro’s sharing discovery with Isaac.
The significant issue for Isaac was that Maro did not tell him that his codefend-ant, Banks Gardener, was going to testify against him. The record reveals that Isaac and Gardener were to be tried together. On the day of the trial, after the jury had been sworn, Gardener changed his mind, entered a plea, and then testified against Isaac. The change of plea surprised Maro, Gardener’s lawyer, the state attorney, and the trial court, but Maro was able to take Gardener’s deposition before he testified. The trial court found that counsel was not ineffective because a defendant can change his plea at any time, and a defense counsel is not required to be a mind reader. The need for an evidentiary hearv ing does not automatically require the appointment of counsel; however, any doubt about the need for counsel must be decided in favor of the indigent defendant. Williams v. State, 472 So. 2d.738, 740 (Fla.1985); Davis v. State, 499 So. 2d 24 (Fla. 4th DCA 1986). We find that the trial court complied with the criteria of Graham. Isaac was afforded an evidentiary hearing about a matter that was not complex and that did not require extensive legal research. All persons who had knowledge of the matter testified, including Isaac, his mother, and his trial counsel. The testimony of the mother and trial counsel refuted his factual allegations. The record demonstrates that an appointed lawyer would not have aided Isaac in demonstrating that he was entitled to a new trial. See Graham; Williams. Further, based upon our review of the record, we find that Maro’s representation was not deficient and that his performance did not prejudice Isaac. See Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).
AFFIRMED.
W. SHARP, and PETERSON, JJ., concur. . Graham requires the trial court to consider four criteria: (1) the adversarial nature of the proceeding; (2) its complexity; (3) the need for an evidentiary hearing; and (4) other needs for substantial legal research.
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Grawbadger v. State, 727 So. 2d 1124 (Fla. 5th DCA 1999)…PER CURIAM. AFFIRMED. See Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); Russo v. Akers, 724 So. 2d 1151 (Fla.1998); Isaac v. State, 713 So. 2d 1035 (Fla. 5th DCA), dismissed, 715 So. 2d 1234 (Fla.1998); Burnside v. State, 656 So. 2d 241 (Fla. 5th DCA 1995). DAUKSCH, W. SHARP and GOSHORN, JJ., concur.…
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Toliver v. State, 737 So. 2d 1142 (Fla. 1st DCA 1999)…ext of case involving an evidentiary hearing, that “[tjhere is nothing about this case that indicates that the court abused its discretion in not appointing counsel in this post-trial matter”), rev. denied, 727 So. 2d 910 (Fla.1999); Isaac v. State, 713 So. 2d 1035, 1036 (Fla. 5th DCA 1998) (holding, in context of case involving an evidentiary hearing on claim that defense counsel had provided ineffective assistance by not providing the defendant with discovery from the state, that the defendant had been “affo…
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Morgan v. State, 840 So. 2d 1151 (Fla. 5th DCA 2003)…counsel that the state only had to prove reckless disregard for human life, as opposed to criminal intent. The record supports this finding, as well as the trial court’s decision not to appoint counsel for Morgan at the hearing. See Isaac v. State, 713 So. 2d 1035, 1036 (Fla. 5th DCA 1998); Isley v. State, 565 So. 2d 389 (Fla. 5th DCA 1990). We find no merit to two other claims — that Morgan’s trial counsel conceded his guilt in her opening statement and that she failed to object or ask for lesser included o…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)
- The Petition of Andrew A. Graham v. State, 372 So. 2d 1363 (Fla. 1979)
- James v. State, 499 So. 2d 24 (Fla. 1st DCA 1986)