TERRY GLISPY AND PHILIP J. YACUCCI, JR., PUBLIC DEFENDER FOR THE NINETEENTH JUDICIAL CIRCUIT, PETITIONERS,
v.
HONORABLE JOE WILD, ACTING CIRCUIT JUDGE FOR INDIAN RIVER COUNTY, RESPONDENT
TERRY GLISPY AND PHILIP J. YACUCCI, JR., PUBLIC DEFENDER FOR THE NINETEENTH JUDICIAL CIRCUIT, PETITIONERS,
HONORABLE JOE WILD, ACTING CIRCUIT JUDGE FOR INDIAN RIVER COUNTY, RESPONDENT
591 So. 2d 272
Florida District Court of Appeal, Fourth District (1991)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
The petition is denied.
POLEN and GARRETT, JJ., concur. ANSTEAD, J., dissents with opinion.
Dissent
ANSTEAD, Judge,
dissenting.
I would grant the petition. The petitioner, Terry Glispy, is represented by the public defender’s office. That office also represents two (2) prosecution witnesses. This constitutes a sufficient conflict of interest entitling petitioner to representation by independent counsel. Babb v. Edwards, 412 So. 2d 859 (Fla.1982). Further, because of the important, yet sometimes subtle, effect of such a conflict, this error is not one susceptible to full remedy by a later appeal after petitioner’s case is concluded. Cf. Boudreau v. Carlisle, 549 So. 2d 1073 (Fla. 4th DCA 1989); Babb v. Edwards.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Moore v. State, 784 So. 2d 617 (Fla. 5th DCA 2001)…of a criminal defendant’s request to discharge appointed counsel and appoint other counsel is not ordinarily immediately reviewable. Boudreau v. Carlisle, 549 So. 2d 1073 (Fla. 4th DCA 1989), cert. denied, 557 So. 2d 866 (Fla.1990); Glispy v. Wild, 591 So. 2d 272 (Fla. 4th DCA 1991) (prohibition denied). However, failure of a trial court to consider a criminal defendant’s pro se motion to do so, or failure to grant the motion after due consideration, are both issues which can be raised on direct appeal. See…
Authorities Cited
- Babb v. Honorable W. F. Edwards, 412 So. 2d 859 (Fla. 1982)
- Boudreau v. The Honorable James T. Carlisle, 549 So. 2d 1073 (Fla. 4th DCA 1989)