Madison v. State

132 So. 3d 237, 2013 WL 811789, 2013 Fla. App. LEXIS 3615
District Court of Appeal of Florida·Decided March 6, 2013·No. No. 1D11-2210·Published·Cited by 10 cases

Opinions

MAKAR, J.

The United States Supreme Court recently reminded us that the Sixth Amendment right to counsel “commands, not that a trial be fair, but that a particular guaran[238] tee of fairness be provided-to wit, that the accused be defended by the counsel he believes to be best.” U.S. v. Gonzalez-Lopez, 548 U.S. 140, 146, 126 S.Ct. 2557, 165 L.Ed.2d 409 (2006); see also Strickland v. Washington, 466 U.S. 668, 684-85, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984) (“The Constitution guarantees a fair trial through the Due Process Clauses, but it defines the basic elements of a fair trial largely through the several provisions of the Sixth Amendment, including the Counsel Clause.”).1 Justice Scalia, for the Court in Gonzalez-Lopez, stated that “an element of this right is the right of a defendant who does not require appointed counsel to choose who will represent him.” 548 U.S. at 144, 126 S.Ct. 2557. At issue in this case is whether the denial of a second continuance of trial, sought for the purpose of replacing existing private counsel with new counsel, violated the defendant’s constitutional right to the attorney of his own choosing. We hold that it did under the circumstances presented and reverse.2

I.

On December 31, 2009, James Madison, an eighteen year-old with no prior criminal record, was charged with armed robbery with a firearm and attempted armed robbery with a firearm arising out of two incidents on the evening of December 6, 2009. Shortly after his arrest, Madison was appointed a public defender; a month later, in January of 2010, his family hired private counsel who was substituted for the public defender. The record shows that neither the public defender nor the initial private counsel did any significant work on Madison’s case during the brief times they were counsels of record; two continuances of pre-trial conferences occurred during this time period.

A few months later, in May 2010, Madison’s family retained new private counsel. Other than a waiver of Madison’s right to speedy trial and a continuance of trial, the record reflects little activity on Madison’s case3 from the time she became counsel of record until slightly less than a month prior to the trial date, when Madison sent a letter dated February 2, 2011, to the trial judge. His handwritten letter expressed his dissatisfaction with current counsel:

Dear your honorable [judge] ... my name is James C. Madison I am a defendant in your courtroom. I am writing you to ask for a continuation of my trial due to my dissatisfication with my current lawyer. Your honour I am very unhappy with my lawyers preformances on my current case(s). If I continue to allow her to represent me, in my honest opionion, I will spend half my life in prison due to her poor performances. Some of the issues I have with her is that it is very difficult contacting her [239] and she has failed to file motions I have requested. She always speaks negitive about my situation, she shows up late to my court dates, does not have confidence in herself as my lawyer, barely comes to viste me to inform me of what is coming up and she has also misinformed me of what I am going to trial for. Your honour I am seeking another lawyer immediatley and I apoligize for the last minute change. I understand my trial is less than a month away but I am only trying to secure a fighting chance.

Respectfully sumimited

/s/ James C. Madison

In addition to Madison’s letter, the trial court received a lengthy letter from Mr. Madison, his father,4 discussing the history of the case, his concerns about Madison’s counsel, as well as other matters (most of which would be improper ex parte communications).

Over two weeks later, on February 17, 2011, the trial court5 held a hearing on Madison’s motion — eight days before trial. The attorney Madison was seeking to discharge appeared and was first to speak. She defended her actions in the case, noting that on the previous day she had for the first time taken depositions of one of the two victims and the law enforcement officers. She had yet to take the deposition of the other victim (who spoke only Spanish), the only witness who could connect Madison with the crime; she had also not yet found an interpreter for this deposition. She told the trial court that she intended to file a written motion to suppress an alleged confession by Madison but had not yet done so, indicating that replacement counsel would be in a position to do so.

After allowing Madison’s current counsel to speak, the trial court expressed concern that the case had “been set for trial for a while now” and initially asked Madison why he wanted a continuance. The judge interrupted him, however, and then focused almost exclusively on Madison’s ability to pay for replacement counsel and his identity. The trial court then passed over the motion to hear unrelated matters, saying “this case is fairly old and we can’t keep continuing it[.]”

After taking up the matter again, the trial court asked Madison’s father essentially one question: whether replacement counsel had been retained. Mr. Madison explained that replacement counsel had agreed to take Madison’s case if the continuance was granted; replacement counsel did not file the motion for continuance or make an appearance because “he did not want to step on another lawyer’s toes so to speak.”6

The prosecutor spoke next. Though recognizing the underlying incident occurred in December 2009, she erroneously told the trial court the case was “nearly three years old” when it was a little over a year old. She said the “State is ready to go” but did not elaborate on any prejudice that would result from a continuance. She asserted the case was “very straightforward” and that the “victims have a right to [240] speedy resolution just as much as the defense.” She said the State had been “more than accommodating with continuances” (apparently referring to the continuances of pre-trial conferences and the one continuance of trial).

After the prosecutor finished speaking, and as the trial court was preparing to rule, Madison’s counsel asked to “put one thing on the record.” The trial judge allowed her to speak, saying “we need to move this case_Okay. But go ahead.” At that point, counsel disclosed that she had recently learned that she had represented children of one of the victims in a prior case, but felt it would not be a conflict of interest. The trial court made no inquiry about the conflict issue.7

The trial court then denied the continuance (“We’re going to leave it set for trial”). She again said “we need to move on this ease” at which point Madison interjected, “Your Honor ... can I say something?” The trial court allowed Madison to speak:

Free access — add to your briefcase to read the full text and ask questions with AI

Madison v. State, 132 So. 3d 237, 2013 WL 811789, 2013 Fla. App. LEXIS 3615 (Fla. Ct. App. 2013).

132 So. 3d 237 (Madison v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State of Florida v. Ariel Paul
District Court of Appeal of Florida, 2026
Jordan v. State of Florida
District Court of Appeal of Florida, 2026
Rasmussen v. State of Florida
District Court of Appeal of Florida, 2024
Doug Cantrel Heath v. State of Florida
District Court of Appeal of Florida, 2024
Boffo v. State
272 So. 3d 876 (District Court of Appeal of Florida, 2019)
Wilcox v. State
269 So. 3d 666 (District Court of Appeal of Florida, 2019)
Kevyn Terry v. State of Florida
149 So. 3d 113 (District Court of Appeal of Florida, 2014)
In re Jane Doe 13-A
136 So. 3d 723 (District Court of Appeal of Florida, 2014)