STANLEY B. MCCLOUD
v.
STATE OF FLORIDA
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A trial court does not err in declining to appoint counsel for a postconviction relief motion when the record would support summary denial of the motion.
[1] Due process does not require appointment of counsel for a postconviction relief motion when the record would support summary denial of the motion, even if the motion pres…
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Join FLexlaw to unlock all legal intelligence“Although there is no absolute right to counsel in a postconviction proceeding, the Florida Supreme Court has held that due process requires that counsel be provided if a postconviction motion presents a meritorious claim and a hearing on the motion is potentially so complex that counsel is necessary.”
Court's statement of the applicable legal standard for appointed counsel in postconviction proceedings
Stanley B. McCloud appealed a decision denying his request for appointed counsel in a postconviction proceeding under Florida Rule of Criminal Procedu…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
STANLEY B. MCCLOUD, Appellant, Case No. 5D18-2476 v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed August 30, 2019 3.850 Appeal from the Circuit Court for Marion County, Willard Pope, Judge. James S. Purdy, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
“Although there is no absolute right to counsel in a postconviction proceeding, the Florida Supreme Court has held that due process requires that counsel be provided if a postconviction motion presents a meritorious claim and a hearing on the motion is potentially so complex that counsel is necessary.” Russo v. Akers, 701 So. 2d 366, 367
2 (Fla. 5th DCA 1997), approved, 724 So. 2d 1151 (Fla. 1998). We conclude that because the record would support the summary denial of Appellant’s motion for postconviction relief, the trial court did not err in declining to appoint counsel for Appellant.
AFFIRMED.
EVANDER, C.J., ORFINGER and GROSSHANS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Russo v. Akers, 724 So. 2d 1151 (Fla. 1998)
- Russo v. Akers, 701 So. 2d 366 (Fla. 5th DCA 1997)