KENDRICK DEWAYNE ADDISON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The trial court did not err in refusing to hold a Nelson hearing where the defendant's motion to discharge counsel was based solely on dissatisfaction and lack of communication rather than specific claims of incompetence.
A trial court does not err in failing to conduct a Nelson inquiry when a defendant merely expresses dissatisfaction with counsel and lacks specific claims of incompetence.
[1] A trial court does not err in denying a Nelson hearing where the defendant's motion to discharge counsel is based solely on dissatisfaction and lack of communication rath…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A trial court does not err in failing to conduct a Nelson inquiry where the defendant merely expresses dissatisfaction with his attorney.... A lack of communication is not a ground for an incompetency claim.”
Court explaining the standard for when a Nelson hearing is required, citing Morrison v. State.
Appellant Addison filed a written motion to discharge his appointed public defender, claiming counsel failed to maintain sufficient contact and provid…
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PER CURIAM.
Appellant Kendrick Addison claims the trial court erred by failing to hold a hearing pursuant to Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973). The complaint raised in this appeal is without merit. Although Addison filed a written motion to discharge his lawyer, an assistant public defender appointed at public expense, the motion contended only that counsel failed to have enough contact with, or render sufficient advice to, appellant during the pretrial stages of the case. “[A] trial court does not err in failing to conduct a Nelson inquiry where the defendant merely expresses dissatisfaction with his attorney.... A lack of communication is not a ground for an incompetency claim.” Morrison v. State, 818 So. 2d 432, 440-41 (Fla.2002). See also Wilson v. State, 889 So. 2d 114 (Fla. 4th DCA 2004) (finding no Nelson hearing required where defendant expressed only dissatisfaction with counsel’s trial preparation, witness development, and lack of contact with defendant); Lee v. State, 641 So. 2d 164 (Fla. 1st DCA 1994) (finding no Nelson error where “request to dismiss counsel was based upon inadequate communication ... rather than any specific claims of incompetence”).
AFFIRMED.
KAHN, LEWIS, and POLSTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973)
- Morrison v. State, 818 So. 2d 432 (Fla. 2002)
- Laron A. Mingo v. State, 889 So. 2d 114 (Fla. 1st DCA 2004)
- LEE v. State, 641 So. 2d 164 (Fla. 1st DCA 1994)