Legal Opinion

Silva v. State

District Court of Appeal of Florida

Decided March 2, 2016No. 13-0334PublishedCited by 1 opinion

1Opinion of the Court

SHEPHERD, J,

Simon Silva appeals his conviction for second-degree murder and attempted sec-ondrdegree murder. The dispositive issue before us is whether the trial judge’s familiarity with the defendant frdm prior hearings in the case excused his admitted failure to conduct an adequate- Faretta hearing before permitting the defendant to represent himself at trial. , See Faretta v. California, 422 U.S. 806, 96 S.Ct. 2526, 45 L.Ed.2d 562 (1975). 1 We find that it does not, and reverse and remand this case for a .new trial. See Davis v. State, 10 So.3d 176, 178 (Fla. 5th DCA 2009) (“The failure to…

2Cases cited9 opinions

  1. Faretta v. CaliforniaSupreme Court of the United States · 1975
  2. Nelson v. StateDistrict Court of Appeal of Florida · 1973
  3. Logan v. StateSupreme Court of Florida · 2003
  4. Amendment to Florida Rule of Criminal Procedure 3.111(d)(2)-(3)Supreme Court of Florida · 1998
  5. Flowers v. StateDistrict Court of Appeal of Florida · 2008

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3Cited by1 opinion

  1. Silva v. StateDistrict Court of Appeal of Florida · 2018

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