FRIDAY

v.

UNITED STATES

Citator

Cited By

• Larzelere v. State, 676 So. 2d 394 (Fla. 1996)
  …mendment of the United States Constitution. Barclay v. Wainwright, 444 So. 2d 956 (Fla.1984). Nevertheless, a defendant’s fundamental right to conflict-free counsel can be waived. United States v. Rodriguez, 982 F. 2d 474 (11th Cir.), cert. denied, 510 U.S. 901, 114 S.Ct. 275, 126 L.Ed.2d 226 (1993); Woseley v. State, 590 So. 2d 979 (Fla. 1st DCA 1991). For a waiver to be valid, the record must show that the defendant was aware of the conflict of interest, that the defendant realized the conflict could aff…
• Alessi v. State, 969 So. 2d 430 (Fla. 5th DCA 2007)
  …ct-free counsel. See Larzelere v. State, 676 So. 2d 394, 403 (Fla.1996). Generally, a waiver of this right must be shown by “clear, unequivocal, and unambiguous language.” United States v. Rodriguez, 982 F. 2d 474, 477 (11th Cir.1993), cert. denied, 510 U.S. 901, 114 S.Ct. 275, 126 L.Ed.2d 226 (1993); see also Johnson v. Zerbst, 304 U.S. 458, 464, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938). Additionally, “[f]or a waiver to be valid, the record must show that the defendant was aware of the conflict of interest, th…
• Cadejuste v. State, 993 So. 2d 122 (Fla. 4th DCA 2008)
  …of the conflict of interest that the defendant realized the conflict could affect the defense, and that the defendant knew of the right to obtain other counsel.” Id.; see United States v. Rodriguez, 982 F. 2d 474, 477 (11th Cir. 1993), cert. denied, 510 U.S. 901, 114 S.Ct. 275, 126 L.Ed.2d 226 (1993). “It is the trial court’s duty to ensure that a defendant fully understands the adverse consequences a conflict may impose.” Larzelere, 676 So. 2d at 403; see Winokur v. State, 605 So. 2d 100 (Fla. 4th DCA 1992…