Nelson v. State

I write to urge the Florida Supreme Court to consider the negative impact of Florida Rule of Criminal Procedure 3.170(¿). The Court’s opinion in Sheppard v. State, 17 So.3d 275, 287 (Fla.2009), states that “the wisdom of the rule is not before us.” Id. at 283 n. 7. I question the wisdom of rule 3.170(£). This rule imposes high costs and heavy burdens on the ad*1192ministration of justice by creating an entitlement to a second, lawyer at public expense, where mandated by the rule and Sheppard.

I note Judge Warner’s thoughtful special concurrence in Williams v. State, and I fully agree that

a motion…