Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Wilson v. State
Citations: 832 So. 2d 883; 2002 WL 31769209Docket: 1D02-1987
Court: District Court of Appeal of Florida; December 11, 2002; Florida; State Appellate Court
Donald Wilson appealed the denial of his motion filed under Florida Rule of Criminal Procedure 3.850, claiming ineffective assistance of counsel which led to an involuntary plea. He contended that he would not have entered the plea had he received adequate legal representation. Key allegations included: 1. His retained counsel ignored his earlier request for legal representation during police interrogation. 2. A statement was obtained from him while in custody, prior to receiving Miranda warnings, which he argued was involuntary. 3. Defense counsel failed to file a motion to suppress this statement, did not depose witnesses, and inadequately investigated a self-defense theory. 4. Counsel's advice regarding the state's case did not meet minimum professional standards, contributing to the plea's involuntariness, paralleling issues raised in Luma v. State. The appellate court noted that the order denying Wilson's motion lacked attachments to refute his claims. Consequently, it remanded the case for the necessary attachments or an evidentiary hearing on each claim, while affirming the order in other respects. The ruling was affirmed in part, reversed in part, and remanded. Judges Kahn, Benton, and Lewis concurred.