Legal Opinion

Marshall v. State

District Court of Appeal of Florida

Decided July 22, 2009No. 3D06-3204, 3D06-3205PublishedCited by 2 opinions

1Opinion of the Court

On Motion for Rehearing

SUAREZ, J.

We grant James C. Marshall’s motion for rehearing, withdraw our previously rendered per curiam opinion dated March 25, 2009, and substitute the following in its place:

James C. Marshall appeals from his conviction for one count of second degree murder. We affirm.

We address only the claim that the trial court committed reversible error by not conducting a proper Faretta 1 hearing. Based upon our review of the record, Mar-shall’s alleged requests for self-representation were at best equivocal; he was not entitled to an inquiry on the subject of…

2Cases cited4 opinions

  1. Faretta v. CaliforniaSupreme Court of the United States · 1975
  2. Nelson v. StateDistrict Court of Appeal of Florida · 1973
  3. Rios v. StateDistrict Court of Appeal of Florida · 1997
  4. Davila v. StateDistrict Court of Appeal of Florida · 2002

3Cited by2 opinions

  1. Marshall v. StateDistrict Court of Appeal of Florida · 2018
  2. Marshall v. FloridaSupreme Court of the United States · 2010

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