WADIE MICHAEL HOLIFIELD,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed and remanded because trial court failed to appoint conflict-free counsel when defendant alleged duress by his own attorney in a motion to withdraw plea.
When a defendant alleges duress or coercion by defense counsel in a motion to withdraw plea, creating a conflict of interest, the trial court must appoint or allow retention of independent counsel to represent the defendant on that motion.
[1] When a defendant alleges duress, misrepresentation, or coercion by defense counsel in a motion to withdraw plea, the trial court must appoint or allow retention of indepe…
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Join FLexlaw to unlock all legal intelligence“This is precisely the type of adversarial situation Roberts v. State, 670 So. 2d 1042 (Fla. 4th DCA 1996), addresses.”
Court explaining why the conflict of interest required independent counsel
Holifield moved to withdraw his plea, alleging he was under duress caused by his defense counsel when he entered the plea.…
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PER CURIAM.
Holifield’s allegation in his motion to withdraw plea that he was under duress caused by defense counsel when he entered his plea created a conflict of interest between Holi-field and his attorney. Defense counsel was thereby placed in the position of having to respond to allegations against her. This is precisely the type of adversarial situation Roberts v. State, 670 So. 2d 1042 (Fla. 4th DCA 1996), addresses. See also Brye v. State, 702 So. 2d 256 (Fla. 1st DCA 1997); Lopez v. State, 688 So. 2d 948 (Fla. 5th DCA 1997); Hope v. State, 682 So. 2d 1173 (Fla. 4th DCA 1996). This is not a motion based solely on allegations of ineffective assistance of counsel, as in Cunningham v. State, 677 So. 2d 929 (Fla. 4th DCA 1996).
The preferred course to follow once a defendant flies a motion to withdraw plea alleging misrepresentation, coercion or duress by defense counsel, or once a conflict of interest arises between the defendant and defense counsel at the motion hearing is for the trial court to appoint or allow the defendant to retain independent counsel solely for the purpose of representation on the motion to withdraw the plea.
REVERSED and REMANDED with directions to appoint conflict-free counsel to represent appellant in further proceedings.
ERVIN and WEBSTER, JJ., and SMITH, LARRY G., Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
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Lingenfelser v. State, 734 So. 2d 472 (Fla. 4th DCA 1999)…lict-free counsel or permit the defendant the opportunity to secure the same and, then, conduct an [*473] evidentiary healing on the motion to withdraw the plea. See Roberts v. State, 670 So. 2d 1042 (Fla. 4th DCA 1996); see also Holifield v. State, 717 So. 2d 69 (Fla. 1st DCA 1998); Banks v. State, 704 So. 2d 195 (Fla. 5th DCA 1998). In the instant case, Lingenfelser asserted that he wished to withdraw his plea as it had been coerced by his attorney. At this point, it was incumbent upon the trial judge to,…
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Smith v. State, 845 So. 2d 937 (Fla. 5th DCA 2003)…llow is for the “trial court to appoint or allow the defendant to retain independent counsel solely for the purpose of representation on the motion to withdraw the plea.” See Zeiszler v. State, 765 So. 2d 128 (Fla. 1st DCA 2000); Holifield v. State, 717 So. 2d 69 (Fla. 1st DCA 1998), rev. denied, 729 So. 2d 394 (Fla.1999). That is to say, when a conflict between a defendant and his counsel appears in the record, the trial court is obligated to appoint conflict-free counsel to represent the defendant. See Jon…
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State v. E.D.P., 724 So. 2d 1144 (Fla. 1998)…312 (Fla.1991). Where a statute is susceptible to differing constructions, as it is in this case, the statute must be construed most favorably to the accused. See § 775.021(1), Fla. Stat. (1995). . See also J.L.T. v. State, 23 Fla. L. Weekly D1650, 717 So. 2d 69 (Fla. 1st DCA 1998); J.P.C. v. State, 712 So. 2d 1229 (Fla. 1st DCA 1998); L.A.S. v. State, 23 Fla. L. Weekly D789, 720 So. 2d 534 (Fla. 1st DCA 1998); L.R.J. v. State, 706 So. 2d 72, 73 (Fla. 1st DCA 1998); P.A. v. State, 23 Fla. L. Weekly D429, -…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Roberts v. State, 670 So. 2d 1042 (Fla. 4th DCA 1996)
- Jay Cunningham t/n Milford Pinckney v. State, 677 So. 2d 929 (Fla. 4th DCA 1996)
- Hope v. State, 682 So. 2d 1173 (Fla. 4th DCA 1996)
- Lopez v. State, 688 So. 2d 948 (Fla. 5th DCA 1997)
- Sher v. Sher, 702 So. 2d 256 (Fla. 3d DCA 1997)
- Brye v. State, 702 So. 2d 256 (Fla. 1st DCA 1997)