mental health defense in Florida

2016In Looney v. State, 941 So.2d 1017, 1028 (Fla.2006), for example, the defendant, like Allred, raised.a postconviction claim that counsel was ineffective for failing to present the testimony of a mental health expert during the penalty phase.

2012The reason that the court has allowed the state to appoint experts to examine a defendant when the defendant asserts a mental health defense is to “level the playing field.” See Dillbeck v. State, 643 So.2d 1027, 1030 (Fla.1994) (where the defendant planned to present mitigating evidence in the penalty phase through defense mental health experts who had interviewed him, the trial court did not abuse its discretion in “striving to level the playing field” by ordering the defendant to submit to a pre-penalty phase interview with the state’s expert); State v. Hickson, 630 So.2d 172, 176 (Fla.1993

2012Love v. State, 569 So.2d 807, 810 (Fla. 1st DCA 1990) (citing Livingston v. State, 441 So.2d 1083, 1085-86 (Fla.1983)) (Ex-parte communication between a trial judge and an assistant attorney general concerning a pending criminal case mandates reversal if the defendant can demonstrate that there was prejudice as a result of the improper communication.).

2012The reason that the court has allowed the state to appoint experts to examine a defendant when the defendant asserts a mental health defense is to “level the playing field.” See Dillbeck v. State, 643 So.2d 1027, 1030 (Fla.1994) (where the defendant planned to present mitigating evidence in the penalty phase through defense mental health experts who had interviewed him, the trial court did not abuse its discretion in “striving to level the playing field” by ordering the defendant to submit to a pre-penalty phase interview with the state’s expert); State v. Hickson, 630 So.2d 172, 176 (Fla.1993

2012Love v. State, 569 So.2d 807, 810 (Fla. 1st DCA 1990) (citing Livingston v. State, 441 So.2d 1083, 1085-86 (Fla.1983)) (Ex-parte communication between a trial judge and an assistant attorney general concerning a pending criminal case mandates reversal if the defendant can demonstrate that there was prejudice as a result of the improper communication.).

2006Henderson v. State, 883 So.2d 891, 892 (Fla. 5th DCA 2004) (affirming the denial of trial counsel in a postconviction proceeding and stating, "Henderson was able to call witnesses, including his trial attorney"); Mullis v. State, 864 So.2d 1246, 1248 (Fla. 5th DCA 2004) (affirming the denial of appointment of counsel in a postconviction proceeding and noting, "[a] review of the transcript in this case reveals that Mullis was able to obtain the appearance of his witness, Josephine Navarro, to present evidence on his behalf").

2006Henderson v. State, 883 So.2d 891, 892 (Fla. 5th DCA 2004) (affirming the denial of trial counsel in a postconviction proceeding and stating, "Henderson was able to call witnesses, including his trial attorney"); Mullis v. State, 864 So.2d 1246, 1248 (Fla. 5th DCA 2004) (affirming the denial of appointment of counsel in a postconviction proceeding and noting, "[a] review of the transcript in this case reveals that Mullis was able to obtain the appearance of his witness, Josephine Navarro, to present evidence on his behalf").