DAVID MANGER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Winans v. Jed P. Weber, M.D., 979 So. 2d 269 (Fla. 2d DCA 2007)
  …p’t of Children & Families, 822 So. 2d 527, 530 (Fla. 4th DCA 2002) (holding that there could be no waiver of grandparents’ right to seek adoption of grandchildren when DCF had misled the grandparents concerning their rights); cf. Ethridge v. State, 766 So. 2d 413, 414 (Fla. 4th DCA 2000) (holding that defendant could not have been found to have waived right to assert a specific defense when he had been specifically told that the defense was not available). In this case, the trial court properly found that M…
• Diansky Rouzard v. State, 952 So. 2d 1290 (Fla. 4th DCA 2007)
  …DCA 2004). Here, the State argues appellant waived this issue when he entered the plea. However, a defendant cannot voluntarily waive defenses of which he is not informed. See Wilson v. State, 871 So. 2d 298 (Fla. 1st DCA 2004); Ethridge v. State, 766 So. 2d 413, 414 (Fla. 4th DCA 2000). We also conclude that appellant’s amended motion was timely filed within two years of his conviction becoming final and that his claim is not based on newly-discovered evidence. See Small v. State, 941 So. 2d 555 (Fla. 1st…
• Jacobson v. State, 171 So. 3d 188 (Fla. 4th DCA 2015)
  …naware of the defense and can establish that a reasonable probability exists that he would not have entered the plea if properly advised. See Montero, 996 So. 2d at 890; Rouzard v. State, 952 So. 2d 1290, 1292 (Fla. 4th DCA 2007); Ethridge v. State, 766 So. 2d 413, 414 (Fla. 4th DCA 2000). In ground six, appellant alleged counsel failed to advise him that he could assert an insanity defense. He alleged that, while counsel filed a notice of intent to rely on an insanity defense, she did not advise him of this…

Authorities Cited

• Kathyrn Hayes v. State, 750 So. 2d 1 (Fla. 1999)