PEGGS

v.

NEW YORK

Citator

Cited By

• Lindsey v. State, 69 So. 3d 363 (Fla. 5th DCA 2011)
  …endant “could provide himself with a substantively qualitative defense ... for it is within the defendant’s rights, if he or she so chooses, to sit mute and mount no defense at all.” State v. Bowen, 698 So. 2d 248, 251, 252 (Fla.1997), cert, denied, 522 U.S. 1081, 118 S.Ct. 865, 139 L.Ed.2d 763 (1998). Nonetheless, while the defendant need not have the skill and experience of a lawyer in order to competently and intelligently choose self-representation, he or she must still be made aware of the dangers and…
• LaJeffery Reeves v. State, 987 So. 2d 103 (Fla. 5th DCA 2008)
  …iginal). In Faretta, the United States Supreme Court recognized that “the Sixth Amendment grants to each criminal defendant the right of self-representation, regardless of consequences.” State v. Bowen, 698 So. 2d 248, 250 (Fla.1997), cert. denied, 522 U.S. 1081, 118 S.Ct. 865, 139 L.Ed.2d 763 (1998); see also Fla. R.Crim. P. 3.111(d). Once a defendant specifically requests permission to represent himself, the trial court is required to determine whether the defendant is, in fact, capable of making a knowin…
• Butler v. State, 767 So. 2d 534 (Fla. 4th DCA 2000)
  …counsel has been completed and a thorough inquiry has been made into both the accused’s comprehension of that offer and the accused’s capacity to make a knowing and intelligent waiver. In State v. Bowen, 698 So. 2d 248, 251 (Fla.1997), cert. denied, 522 U.S. 1081, 118 S.Ct. 865, 139 L.Ed.2d 763 (1998), the Florida Supreme Court established that the focus in conducting a waiver-of-counsel hearing under Rule 3.111 should be on the defendant’s competence to waive counsel, not on his competence to represent hims…