Ewing v. State

Appellant asserts that the trial court reversibly erred in failing to grant a hearing pursuant to Nelson v. State, 274 So.2d 256 (Fla. 4th DCA 1973). Because the trial court did not conduct a Nelson hearing after Appellant made specific complaints regarding counsel’s performance, we reverse and remand for a new trial.

Just before jury selection, Appellant complained that his appointed counsel failed to object to improper statements made during a motion hearing to exclude certain evidence. In addition, Appellant complained that counsel did not inform him of all the charges against him, was ill…