REGINALD ALVIN FLORENCE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Reginald Florence appealed the trial court's denial of appointed counsel for a post-conviction ineffective assistance of counsel hearing. The appellate court reversed, holding that where an evidentiary hearing is ordered on post-conviction claims, doubts about whether to appoint counsel must be resolved in favor of the defendant, particularly where the defendant demonstrates inability to present his case without counsel.
The court reversed the trial court's denial of appointed counsel. When an evidentiary hearing is ordered on post-conviction claims, recognition of that need itself satisfies three of the four Graham factors for appointment of counsel, and any doubt must be resolved in favor of the defendant. Here, Florence's demonstrated lack of education and sophistication made clear he was unable to present his case properly without appointed counsel.
[1] A court should appoint counsel for a post-conviction hearing when the proceeding is adversary in nature, complex, requires an evidentiary hearing, or necessitates substan…
[2] The need for an evidentiary hearing in a post-conviction proceeding weighs in favor of appointing counsel.
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Join FLexlaw to unlock all legal intelligence“In deciding whether to appoint counsel for a post-conviction hearing, a court should examine four factors: 1) the adversary nature of the proceeding; 2) the proceeding's complexity; 3) the need for an evidentiary hearing; or, 4) the need for substantial research.”
Establishes the Graham test that courts apply when determining whether to appoint counsel for post-conviction proceedings.
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Join FLexlaw to unlock all legal intelligenceFlorence filed a motion for post-conviction relief alleging six grounds of ineffective assistance of trial counsel. The trial court summarily denied t…
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PER CURIAM.
Appellant Reginald Alvin Florence filed a motion for post-conviction relief alleging his trial counsel had been ineffective for six reasons. The trial court issued an order denying relief on three of the grounds summarily and attaching portions of the record to refute Mr. Florence’s allegations as to those grounds. He does not challenge summary denial on those grounds on appeal and consequently we do not address them here.*
As to the remaining three grounds, the trial court ordered an evidentiary hearing, but denied Mr. Florence’s motion that he be appointed counsel for this hearing. Mr. Florence appeals the trial court’s decision not to appoint counsel and alleges that, without counsel, he was unable to present his case effectively at the hearing. We agree and reverse.
In deciding whether to appoint counsel for a post-conviction hearing, a court should examine four factors: 1) the adversary nature of the proceeding; 2) the proceeding’s complexity; 3) the need for an evidentiary hearing; or, 4) the need for substantial research. See Graham v. State, 372 So. 2d 1363, 1366 (Fla.1979). Recognition of the need for an evidentiary hearing in itself recognizes that three of the four elements are present. See Williams v. State, 472 So. 2d 738, 740 (Fla.1985); Rogers v. State, 702 So. 2d 607, 609 (Fla. 1st DCA 1997). Though need for an evidentiary hearing does not automatically mandate the appointment of counsel, any doubt must be resolved in favor of the defendant. See Williams, 472 So. 2d at 740.
Here Mr. Florence was unable to present his case properly on the remaining three grounds of his motion without the appointment of counsel. See Williams, 472 So. 2d at 740 (finding that appointment of counsel is necessary where the defendant’s “lack of education and lack of sophistication make clear that he was unable to meet the technical requirements of going forward with the burden of proving his initial allegations, irrespective of the merits of those allegations”). He appeared for the hearing without a copy of his motion or the trial transcript. No subpoenas issued for any of the witnesses his motion faulted trial counsel for failure to call. His assertions of limited education and of generally being at a loss without the “law clerk” who drafted his motion were borne out by the conduct of the hearing. We reverse the order denying the remaining three grounds of Mr. Florence’s motion and remand to the trial court for a new hearing after counsel has been appointed.
ERVIN, BOOTH, and BENTON, JJ„ CONCUR. *
Mr. Florence also attempted to amend his motion with a seventh ground after his evidentiary hearing but he does not argue this additional ground on appeal.
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Gutierrez v. State, 854 So. 2d 218 (Fla. 3d DCA 2003)…la. 3d DCA 2001); Johnson v. State, 711 So. 2d 112, 115 (Fla. 1st DCA 1998). “Though need for an evidentiary hearing does not automatically mandate the appointment of counsel, any doubt must be resolved in favor of the defendant.” Florence v. State, 754 So. 2d 175, 176 (Fla. 1st DCA 2000) (citing Williams, 472 So. 2d at 740). One of the issues the trial court focused on was the defendant’s claim that the trial transcript in his case had been incomplete. Trial counsel testified at the evidentiary hearing that…
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Wheeler v. State, 807 So. 2d 94 (Fla. 1st DCA 2002)…dversary nature of the proceeding; (2) its complexity; (8) the need for an evidentiary hearing and; (4) the need for substantial legal research. Graham, 372 So. 2d at 1366; Williams v. State, 472 So. 2d 738, 740 (Fla.1985); Flor [*97] ence v. State, 754 So. 2d 175, 176 (Fla. 1st DCA 2000); Johnson v. State, 711 So. 2d 112, 115 (Fla. 1st DCA 1998). The trial court is more likely to appoint counsel if the motion will be set for an evidentiary hearing, but the scheduling of a hearing does not invariably require…
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Woodward v. State, 992 So. 2d 391 (Fla. 1st DCA 2008)…ry hearing is necessary in itself implies that three of the four elements are involved.” Williams, 472 So. 2d at 740. Courts should, moreover, resolve all doubts regarding the need for counsel in an indigent defendant’s favor. See Florence v. State, 754 So. 2d 175, 176 (Fla. 1st DCA 2000). At the hearing below, appellant failed to present any medical records or expert testimony to support the claim that his trial attorney was ineffective for failing to pursue an insanity defense based on appellant’s long-ter…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The Petition of Andrew A. Graham v. State, 372 So. 2d 1363 (Fla. 1979)
- Williams v. State, 472 So. 2d 738 (Fla. 1985)
- Jackson v. State, 702 So. 2d 607 (Fla. 5th DCA 1997)
- Rogers v. State, 702 So. 2d 607 (Fla. 1st DCA 1997)