KENNETH L. REID, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Kenneth Reid, convicted of robbery, was denied a new trial after the trial court failed to conduct a Nelson hearing when he moved to discharge his court-appointed counsel. The appellate court reversed, holding that the trial judge's failure to inquire into Reid's stated grounds for discharge constituted reversible error.
Yes. The trial court's failure to conduct a Nelson inquiry was reversible error because Reid both clearly alleged attorney incompetence and unequivocally expressed his desire to discharge counsel, but was never given an opportunity to explain the basis for his requested discharge.
[1] A trial court commits reversible error by failing to conduct a Nelson inquiry when a defendant clearly alleges attorney incompetence and unequivocally states a desire to…
[2] A defendant must be given an opportunity to present the basis for a requested discharge of counsel.
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Join FLexlaw to unlock all legal intelligence“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.”
States the legal standard for reversible error regarding failure to conduct Nelson hearing
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Join FLexlaw to unlock all legal intelligenceReid filed a motion to remove his public defender on December 1, 2000, alleging the attorney failed to comply with professional conduct rules regardin…
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NORTHCUTT, Judge.
Kenneth Reid, convicted of robbery, claims entitlement to a new trial because the circuit court failed to conduct a Nelson
hearing after he filed a motion to discharge his counsel. We agree.
On December 1, 2000, Reid filed a request to remove his public defender, stating that he wasn’t “in compliance with the duty of a court-appointed attorney.... He has failed to adhere to rule of professional conduct, as outlined in the [Rjules [R]egu-lating the Florida Bar [ ] 4-1.1 [through] 4-1.4.”2 Apparently, Reid’s counsel attempted to bring this motion before Judge Brandt Downey the day before Reid was scheduled for trial. But the trial was being passed to Judge John Schaefer in another division, so Judge Downey decided that the trial judge should rule on the motion.3 After jury selection, defense counsel told Judge Schaefer, “He wants to fire me, Judge. He has made it clear.” The judge remarked that Reid had not raised the matter with him, and he proceeded to trial without addressing the 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. See Davis v. State, 703 So. 2d 1055, 1058 (Fla.1997); Branch v. State, 685 So. 2d 1250 (Fla.1996). Reid’s motion did both. In Rios v. State, 696 So. 2d 469 (Fla. 2d DCA 1997), we held that reversal is required if the trial court does not allow a defendant to present the basis for his requested discharge. Reid was never given any opportunity to explain why he believed his counsel was not competently representing him. Accordingly, we must reverse.
Reversed and remanded for a new trial.
ALTENBERND and KELLY, JJ., Concur. . Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973).
. Rules Regulating the Florida Bar 4-1.1 through 4-1.4 address lawyer competence, diligence, and communication.
. Difficulties with the court reporter have thwarted Reid's attempt to provide us with a transcript of the hearing before Judge Dow-ney. The State contends that Judge Downey's docket does not show a hearing in Reid’s case on the relevant date. At Reid’s sentencing, however, counsel specifically told Judge Schaefer that he had brought the issue to Judge Downey’s attention and that Judge Downey had decided that because the case was being passed to a new division, he would also pass the motion to the new judge. The State did not dispute this version of events at the time, so we have taken it as accurate, in the absence of the transcript.
Cases With Similar Vibessemantic neighbors from the corpus
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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…
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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…
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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…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973)
- Toney Deron Davis v. State, 703 So. 2d 1055 (Fla. 1997)
- Branch v. State, 685 So. 2d 1250 (Fla. 1996)
- Rosalio Rios v. State, 696 So. 2d 469 (Fla. 2d DCA 1997)