ANTONIO R RICHARDSON VS STATE OF FLORIDA
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A public defender's motion to withdraw based on a conflict of interest must adequately specify the nature and basis of the asserted conflict, and the court will deny the motion if the grounds are insufficient or the conflict is not shown to be prejudicial to the client.
[1] A public defender seeking to withdraw from representation on appeal based on a conflict of interest must adequately specify the nature and basis of the asserted conflict;…
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Join FLexlaw to unlock all legal intelligence“The court shall deny the motion to withdraw if the court finds the grounds for withdrawal are insufficient or the asserted conflict is not prejudicial to the indigent client.”
Citation to § 27.5303(1), Fla. Stat. (2022), establishing the standard for reviewing public defender withdrawal motions.
The Office of the Public Defender, Second Judicial Circuit sought to withdraw from representing Antonio R. Richardson on appeal, asserting a conflict …
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D22-1743 _____________________________
ANTONIO R RICHARDSON,
Appellant,
v.
STATE OF FLORIDA,
Appellee. _____________________________
On appeal from the Circuit Court for Leon County. Stephen S. Everett, Judge.
January 4, 2023
OPINION ON MOTION TO WITHDRAW AS COUNSEL
PER CURIAM.
The Court denies the Office of the Public Defender, Second Judicial Circuit’s motion to withdraw, docketed on September 7, 2022, and amended motion to withdraw, docketed on September 12, 2022. Movant asserts that the Office of the Public Defender withdrew from Mr. Richardson’s case at the trial level “due to conflict based on an ethical duty to a current client” and that “[t]his conflict remains on appeal,” but she fails to adequately specify the nature and basis of the asserted conflict. See R. Regulating Fla. Bar 4-1.7(a) (providing that a lawyer must not represent a client if “the representation of 1 client will be directly adverse to another client” or “there is a substantial risk that the representation of 1 or more clients will be materially limited by the lawyer’s
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Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Jessica J. Yeary, Public Defender, and Megan Lynne Long, Assistant Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.