STEVENLAND DWAYNE DAVIS, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT

Fla. 3d DCA | 2015-03-25
No. 3D15-505
Before SHEPHERD, C.J., and EMAS and SCALES, JJ.
162 So. 3d 326 Florida District Court of Appeal, Third District (2015) Positive Treatment
Cited by 3 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Davis petitioned for habeas corpus, claiming his appellate counsel was ineffective for failing to raise on direct appeal the trial court's denial of his request for self-representation. The court held that because Davis's request was untimely (made mid-trial) and the trial court properly exercised its discretion in denying it after adequate colloquy, the claim was meritless and appellate counsel could not be ineffective for failing to raise it.


Holding

Appellate counsel was not constitutionally ineffective because Davis's underlying claim of error was meritless. Although the court did not decide whether summary denial of an untimely self-representation request is proper, the trial court here did not summarily deny the request but instead conducted an adequate colloquy and properly exercised its broad discretion in denying the untimely request.


Headnotes

[1] Claims of ineffective assistance of appellate counsel are analyzed under the same two-pronged test as claims of ineffective assistance of trial counsel.

[2] A defendant has a constitutional right to self-representation if the request is unequivocal and made with a knowing, voluntary, and intelligent waiver of counsel.

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Key Quotes

“A defendant has a constitutional right to represent himself if he makes an unequivocal request and a knowing, voluntary and intelligent waiver of his right to court-appointed counsel.”

Establishes the legal standard for the constitutional right to self-representation under Faretta

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Facts & Procedural History

Davis made an unequivocal request for self-representation during trial, specifically after the jury had been selected and sworn, opening statements ha…

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Opinion of the Court
EMAS, J.

EMAS, J.

Stevenland Davis filed a petition for writ of habeas corpus, alleging that he was denied his constitutional right to effective assistance of appellate counsel for fail*327ing to raise, on direct appeal, the trial court’s denial of Davis’ unequivocal request for self-representation. Claims of ineffective assistance of appellate counsel are analyzed through the same lens as claims of ineffective assistance of trial counsel, applying a corresponding version of the two-pronged test established in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). See Wilson v. Wainwright, 474 So.2d 1162, 1163 (Fla.1985). To be entitled to relief, Davis must:

1. Allege specific errors or omissions which demonstrate that “appellate counsel’s performance deviated from the norm or fell outside the range of professionally acceptable performance;” and

2. Establish that this constitutionally-deficient performance prejudiced defendant in that it “compromised the appellate process to such a degree as to undermine confidence in the fairness and correctness of the appellate result.” Id.

A defendant has a constitutional right to represent himself if he makes an unequivocal request and a knowing, voluntary and intelligent waiver of his right to court-appointed counsel. Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975); McCray v. State, 71 So.3d 848 (Fla.2011). However, such a right must be asserted timely or it may be deemed waived. See United States v. Singleton, 107 F.3d 1091 (4th Cir.1997); Laramee v. State, 90 So.3d 341 (Fla. 5th DCA 2012); Thomas v. State, 958 So.2d 995 (Fla. 5th DCA 2007). A review of the record indicates that trial had already commenced at the time of Davis’ request. The jury had been selected and sworn, opening statements had been presented, and the State’s first witness had already completed her testimony when Davis made his request. There is no question that the request for self-representation, while unequivocal, was untimely.

In Laramee, our sister court suggested in dicta that an untimely request for self-representation may be summarily denied. Laramee, 90 So.3d at 345. But see Lyons v. State, 437 So.2d 711 (Fla. 1st DCA 1983) (holding that decision on an untimely request for self-representation rests in the sound discretion of the trial court); Thomas, 958 So.2d at 996 (same, citing Lyons); McCray, 71 So.3d at 870 (same, and citing with approval Thomas and Lyons). See also Singleton, 107 F.3d at 1096 (holding that “if a defendant proceeds to trial with counsel and asserts his right to self-representation only after trial has begun, that right may have been waived, and its exercise may be denied, limited, or conditioned. Accordingly, after trial has begun with counsel, the decision whether to allow the defendant to proceed pro se rests in the sound discretion of the trial court.”).

We need not decide whether summary denial of an untimely request is proper because, in the instant case, the trial court did not summarily deny the request; instead it colloquied Davis about the reasons for, and the timing of, such a request. Following this inquiry, which our review reveals was adequate, the trial court properly exercised its broad discretion and denied Davis’ request for self-representation at that point in the trial.

Under these circumstances, there is no merit in Davis’ claim that appellate counsel was constitutionally deficient for failing to raise this claim on direct appeal. See Rutherford v. Moore, 774 So.2d 637, 646 (Fla.2000) (holding that appellate counsel cannot be deemed ineffective for failing to raise a meritless issue on appeal) and cases cited.

Petition denied.


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Citator

Cited By

  • Armas v. State (Fla. 1st DCA 2021)
    …est. While it was not the entire reason for denying the appellant’s request, the fact that it was made two-thirds into trial was further reason to deny the request as there was clear potential for disruption of the proceedings. See Davis v. State, 162 So. 3d 326 (Fla. 3d DCA 2015) (finding no abuse of discretion in denial of defendant’s untimely request to represent himself); Lambert v. State, 864 So. 2d 17 (Fla. 2d DCA 2003) (affirming denial of mid-trial request to proceed pro se because there was a clear…
  • Mosley v. State (Fla. 2022)

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