JOE MCCULLOUGH, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Finfrock v. State, 84 So. 3d 431 (Fla. 2d DCA 2012)
  …re the defendant has clearly alleged attorney incompetence and has unequivocally expressed his desire to discharge his counsel, then the court’s failure to conduct a Nelson inquiry is reversible error. West, 958 So. 2d at 1157 (citing Reid v. State, 826 So. 2d 414, 415 (Fla. 2d DCA 2002)). Here, the trial court failed to conduct a preliminary Nelson inquiry despite multiple unequivocal statements by the defendant that he wanted to discharge his attorney for incompetence. Finfrock’s pretrial motions alleged m…
• Maderson v. State, 29 So. 3d 1184 (Fla. 1st DCA 2010)
  …elson, 274 So. 2d at 258-259). “Generally, a court’s failure to conduct a Nelson inquiry is reversible error if the defendant has clearly alleged attorney incompetence and has unequivocally stated he wishes to discharge his counsel.” Reid v. State, 826 So. 2d 414, 415 (Fla. 2d DCA 2002) (citing Davis v. State, 703 So. 2d 1055, 1058 (Fla.1997), and Branch v. State, 685 So. 2d 1250 (Fla.1996)). However, a [*1186] defendant’s broad complaints of dissatisfaction with his attorney are not sufficient to require su…
• West v. State, 958 So. 2d 1156 (Fla. 2d DCA 2007)
  …ruled on West’s pro se motion. “Generally, a court’s failure to conduct a Nelson inquiry is reversible error if the defendant has clearly alleged attorney incompetence and has unequivocally stated he wishes to discharge his counsel.” Reid v. State, 826 So. 2d 414, 415 (Fla. 2d DCA 2002) (referring to Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973)). In Reid, the defendant’s pro se motion asserted that his attorney “wasn’t in compliance with the duty of a court-appointed attorney” and cited the rules of p…

Authorities Cited

• State v. Fundora, 513 So. 2d 122 (Fla. 1987)
• Frederick A.R. Heuring v. State, 513 So. 2d 122 (Fla. 1987)