LOOR
v.
STATE
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Jesse Loor, proceeding pro se, petitioned for emergency habeas corpus relief challenging a pretrial detention order. The court dismissed the petition as unauthorized because Loor is currently represented by counsel in the underlying trial court proceeding, and he did not seek to discharge that counsel.
The petition is dismissed as unauthorized. A defendant has no constitutional right to hybrid representation and cannot simultaneously represent himself and be represented by counsel in criminal proceedings. Once a defendant becomes represented by counsel, he may not proceed pro se in appellate filings absent discharge of that counsel.
[1] A criminal defendant currently represented by counsel in trial court proceedings may not file pro se petitions in the appellate court seeking affirmative relief, as doing…
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Join FLexlaw to unlock all legal intelligence“Criminal defendants have no right under the Sixth Amendment or under the Florida Constitution to engage in hybrid representation—that is, to simultaneously represent themselves and be represented by counsel.”
Court explaining the prohibition on hybrid representation in criminal proceedings.
Loor filed a pro se petition for emergency habeas corpus relief from a pretrial detention order while represented by counsel in the trial court procee…
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LINDSEY, J.
Petitioner Jesse Loor, pro se, seeks emergency habeas corpus relief from the trial court’s pretrial detention order. Because Loor is currently represented by counsel before the trial court, we dismiss the Petition as unauthorized pursuant to Logan v. State, 846 So. 2d 472 (Fla. 2003).
Loor argues that Logan is inapplicable because he was not represented by counsel at the time he filed his Petition. We disagree. In Logan, the Florida Supreme Court explained that a defendant has no constitutional right to hybrid representation. Id. at 479; see also Johnson v. State, 974 So. 2d 363, 364 (Fla. 2008); 14A Fla. Jur. 2d Criminal Law—Procedure § 559 (October 2018) (“Criminal defendants have no right under the Sixth Amendment or under the Florida Constitution to engage in hybrid representation—that is, to simultaneously represent themselves and be represented by counsel.”).
In circumstances where, as here, it is not clear from the face of the petition whether petitioner is represented by counsel below, petitioner bears the “burden to demonstrate that he or she is either not represented by counsel in the proceeding below, or that he or she is seeking through the petition to discharge counsel in that proceeding.” Logan, 846 So. 2d at 479. Loor is unable to meet that burden; on the contrary, he readily admits that he is currently represented by counsel in the proceeding below, and he is not seeking to discharge counsel in that proceeding.
Loor’s argument that he was pro se at the time he filed his petition is unavailing because now that he is represented by counsel, he would nevertheless be engaged in unauthorized “hybrid representation” if he were allowed to proceed pro se. See id. (“If it is clear from the petitioner's response . . . that he or she is represented by counsel in the proceeding below and is not seeking to discharge counsel in that proceeding, then the petition in this Court will be dismissed as unauthorized.” (emphasis added)); see also Johnson, 974 So. 2d at 364-65 (clarifying that the rule announced in Logan applies to any pro se filings submitted by litigants seeking affirmative relief in the context of any criminal proceeding where death sentence has not been imposed, whether direct or collateral, either in the trial court or a district court of appeal, and who are represented by counsel in those proceedings).
Petition dismissed.
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Wainwright v. State (Fla. 1st DCA 2020)
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Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Logan v. State, 846 So. 2d 472 (Fla. 2003)
- Johnson v. State, 974 So. 2d 363 (Fla. 2008)