Legal Opinion

Gillyard v. State

District Court of Appeal of Florida

Decided December 12, 1997No. 95-03381PublishedCited by 6 opinions

1Per curiam

Leonard Gillyard appeals his conviction for grand theft, asserting the trial court erred by failing to conduct an adequate inquiry regarding his self-representation as required by Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975), and raising several other issues. Because the court’s Faretta inquiry was inadequate, we reverse and remand for a new trial. Accordingly, Gillyard’s other issues are moot.

At Gillyard’s initial arraignment, the trial court questioned him as follows:

COURT: Have you spoken to a Public Defender this morning?

GILLYARD: Yes, I did, Your Honor, but I…

2Cases cited7 opinions

  1. Faretta v. CaliforniaSupreme Court of the United States · 1975
  2. Adams v. United States Ex Rel. McCannSupreme Court of the United States · 1943
  3. State v. BowenSupreme Court of Florida · 1997
  4. Hill v. StateSupreme Court of Florida · 1996
  5. Jones v. StateDistrict Court of Appeal of Florida · 1995

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Sylvester Hooks v. State of FloridaDistrict Court of Appeal of Florida · 2017
  2. Tarver v. StateDistrict Court of Appeal of Florida · 2014
  3. Turner v. StateDistrict Court of Appeal of Florida · 2005
  4. EDDIE DESHAZIOR v. THE STATE OF FLORIDADistrict Court of Appeal of Florida · 2021
  5. Nash v. StateDistrict Court of Appeal of Florida · 2011

1 more not listed; retrieve them via the Exa API.

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