Richard v. State

District Court of Appeal of Florida

Richard v. State

426 So. 2d 584, 1983 Fla. App. LEXIS 20688

CourtDistrict Court of Appeal of Florida

DecidedFebruary 9, 1983

DocketNo. 82-153

StatusPublished

Cited by1 cases

This text of 426 So. 2d 584 (Richard v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Richard v. State, 426 So. 2d 584, 1983 Fla. App. LEXIS 20688 (Fla. Ct. App. 1983).

Pincite

Opinion

COBB, Judge.

The trial court, relying on our opinion in Babb v. Edwards, 400 So.2d 1239 (Fla. 5th DCA 1981), denied the motion of the public defender to withdraw based upon a representation of conflict. Our decision subsequently was quashed in Babb v. Edwards, 412 So.2d 859 (Fla.1982). Given a conflict, we find that the denial of the motion to withdraw constitutes reversible error based upon the language of the United States Supreme Court in Holloway v. Arkansas, 435 U.S. 475, 98 S.Ct. 1173, 55 L.Ed.2d 426 (1978). See Foster v. State, 387 So.2d 344 (Fla.1980); Jones v. State, 423 So.2d 515 (Fla. 5th DCA 1982).

REVERSED and REMANDED FOR NEW TRIAL.

DAUKSCH and COWART, JJ., concur.

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

COBB, Judge.

The trial court, relying on our opinion in Babb v. Edwards, 400 So.2d 1239 (Fla. 5th DCA 1981), denied the motion of the public defender to withdraw based upon a representation of conflict. Our decision subsequently was quashed in Babb v. Edwards, 412 So.2d 859 (Fla.1982). Given a conflict, we find that the denial of the motion to withdraw constitutes reversible error based upon the language of the United States Supreme Court in Holloway v. Arkansas, 435 U.S. 475, 98 S.Ct. 1173, 55 L.Ed.2d 426 (1978). See Foster v. State, 387 So.2d 344 (Fla.1980); Jones v. State, 423 So.2d 515 (Fla. 5th DCA 1982).

REVERSED and REMANDED FOR NEW TRIAL.

DAUKSCH and COWART, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

426 So. 2d 584, 1983 Fla. App. LEXIS 20688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richard-v-state-fladistctapp-1983.

Opinion

Related

Cite This Page — Counsel Stack