Legal Opinion

Thomas v. State

District Court of Appeal of Florida

Decided May 29, 2003No. 1D02-1523PublishedCited by 1 opinion

1Per curiam

Appellant, Thomas J. Thomas, appeals the denial of his Florida Rule of Criminal Procedure 3.850 motion following an evi-dentiary hearing. Appellant filed a timely and facially sufficient motion for appointment of counsel several weeks before the hearing, but it was denied. We reverse.

We repeat that counsel need not be appointed every time there is an evidentiary hearing, but “any doubt about the need for counsel must be resolved in favor of the indigent defendant.” Williams v. State, 472 So.2d 738, 740 (Fla.1985). In this case, we find that the number and complexity of the issues covered at…

2Cases cited2 opinions

  1. Williams v. StateSupreme Court of Florida · 1985
  2. Wheeler v. StateDistrict Court of Appeal of Florida · 2002

3Cited by1 opinion

  1. Simmons v. StateDistrict Court of Appeal of Florida · 2012

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