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11 Florida opinions name it 1 courts 2001–2026 3 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Sheppard v. Stategreen2 sentences2024However, “a limited exception to the rule of striking pro se pleadings as nullities exists where a defendant files a pro se motion to withdraw a plea pursuant to rule 3 3.170(l), which contains specific allegations that give rise to an adversarial relationship, such as misadvice, affirmative misrepresentations, or coercion that led to the entry of a plea.” Sheppard, 17 So. 3d at 277 . 2024See Sheppard, 17 So. 3d at 277 ("[A] limited exception to the rule of striking pro se pleadings as nullities exists where a defendant files a pro se motion to withdraw a plea pursuant to rule 3.170(l), which contains specific allegations that give rise to an adversarial relationship, such as misadvice, affirmative 4 The clerk filed this letter on September 13, 2021. | 4 | 6 |
Brown v. Stategreen2 sentences2010Garcia v. State, 846 So.2d 660, 661 (Fla. 2d DCA 2003); see also Daniel v. State, 865 So.2d 661, 661 (Fla. 2d DCA 2004) (“[A] motion to withdraw a plea pursuant to rule 3.170(Z) is a ‘critical stage’ in which the defendant is entitled to effective assistance of counsel ....” (quoting Brown v. State, 835 So.2d 402, 403 (Fla. 2d DCA 2003))); Hampton v. State, 848 So.2d 405, 405 (Fla. *805 2d DCA 2008) (“A motion to withdraw plea is a critical stage of a criminal proceeding at which an indigent defendant is entitled to court-appointed counsel.”). 2004Since a motion to withdraw a plea pursuant to rule 3.170( l ) is a "critical stage" in which the defendant is entitled to effective assistance of counsel, Brown v. State, 835 So.2d 402, 403 (Fla. 2d DCA 2003), we remand with directions that the trial court appoint conflict-free counsel for the evidentiary hearing. | 2 | 2 |
Flemming v. Stategreen1 sentence2018Flemming v. State, 204 So. 3d 950, 952 (Fla. 1st DCA 2016). | 1 | 1 |
Garcia v. Stategreen1 sentence2010Garcia v. State, 846 So.2d 660, 661 (Fla. 2d DCA 2003); see also Daniel v. State, 865 So.2d 661, 661 (Fla. 2d DCA 2004) (“[A] motion to withdraw a plea pursuant to rule 3.170(Z) is a ‘critical stage’ in which the defendant is entitled to effective assistance of counsel ....” (quoting Brown v. State, 835 So.2d 402, 403 (Fla. 2d DCA 2003))); Hampton v. State, 848 So.2d 405, 405 (Fla. *805 2d DCA 2008) (“A motion to withdraw plea is a critical stage of a criminal proceeding at which an indigent defendant is entitled to court-appointed counsel.”). | 1 | 1 |
Daniel v. Stategreen1 sentence2010Garcia v. State, 846 So.2d 660, 661 (Fla. 2d DCA 2003); see also Daniel v. State, 865 So.2d 661, 661 (Fla. 2d DCA 2004) (“[A] motion to withdraw a plea pursuant to rule 3.170(Z) is a ‘critical stage’ in which the defendant is entitled to effective assistance of counsel ....” (quoting Brown v. State, 835 So.2d 402, 403 (Fla. 2d DCA 2003))); Hampton v. State, 848 So.2d 405, 405 (Fla. *805 2d DCA 2008) (“A motion to withdraw plea is a critical stage of a criminal proceeding at which an indigent defendant is entitled to court-appointed counsel.”). | 1 | 1 |
Hampton v. Stategreen1 sentence2010Garcia v. State, 846 So.2d 660, 661 (Fla. 2d DCA 2003); see also Daniel v. State, 865 So.2d 661, 661 (Fla. 2d DCA 2004) (“[A] motion to withdraw a plea pursuant to rule 3.170(Z) is a ‘critical stage’ in which the defendant is entitled to effective assistance of counsel ....” (quoting Brown v. State, 835 So.2d 402, 403 (Fla. 2d DCA 2003))); Hampton v. State, 848 So.2d 405, 405 (Fla. *805 2d DCA 2008) (“A motion to withdraw plea is a critical stage of a criminal proceeding at which an indigent defendant is entitled to court-appointed counsel.”). | 1 | 1 |
Harris v. Stategreen1 sentence2003Padgett v. State, 743 So.2d 70, 72-73 (Fla. 4th DCA 1999); see Harris v. State, 818 So.2d 567 (Fla. 2d DCA 2002). | 1 | 1 |
Padgett v. Stategreen1 sentence2003Padgett v. State, 743 So.2d 70, 72-73 (Fla. 4th DCA 1999); see Harris v. State, 818 So.2d 567 (Fla. 2d DCA 2002). | 1 | 1 |
State v. Stapletongreen1 sentence2001See State v. Stapleton, 764 So.2d 886 (Fla. 4th DCA 2000); Simmons, 611 So.2d 1250 (noting that a defendant attempting to withdraw a plea pursuant to rule 3.850 has a greater burden then one seeking to withdraw a plea under rule 3.170). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Woodly v. State
green
1 sentence2018Id. 2 A motion to withdraw a plea pursuant to rule 3.170(l) is a critical stage in the direct criminal proceeding at which the defendant is entitled to effective assistance of counsel. | 1 | 2018–2018 |
Simmons v. State
green
1 sentence2001See State v. Stapleton, 764 So.2d 886 (Fla. 4th DCA 2000); Simmons, 611 So.2d 1250 (noting that a defendant attempting to withdraw a plea pursuant to rule 3.850 has a greater burden then one seeking to withdraw a plea under rule 3.170). | 1 | 2001–2001 |