Legal Opinion

NICHOLAS PAUL RAITHEL v. STATE OF FLORIDA

District Court of Appeal of Florida

Decided August 30, 2017No. 4D16-3196PublishedCited by 9 opinions

1Opinion of the CourtMay, J.

The defendant appeals his conviction and sentence for making a false report of a bomb. He argues that his trial counsel was ineffective in failing to move to suppress his 211 call 1 as protected by the psychotherapist-patient privilege; and the trial court erred in (1) denying his motion for judgment of acquittal; (2) proceeding to trial without determining his competency; and (3) imposing a $2,351 public defender lien. We find merit in his arguments concerning the competency issue and in the imposition of the public defender lien. We therefore reverse and remand the case.

The defendant has a…

2Cases cited8 opinions

  1. Nelson v. StateDistrict Court of Appeal of Florida · 1973
  2. Bernard J. Dougherty v. State of FloridaSupreme Court of Florida · 2014
  3. Pope v. StateSupreme Court of Florida · 1983
  4. Kendrick Silver v. State of FloridaDistrict Court of Appeal of Florida · 2016
  5. Deferrell v. StateDistrict Court of Appeal of Florida · 2016

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

3Cited by9 opinions

  1. Machin v. StateDistrict Court of Appeal of Florida · 2019
  2. Keith Matthew McCray v. State of FloridaDistrict Court of Appeal of Florida · 2019
  3. Flaherty v. StateDistrict Court of Appeal of Florida · 2019
  4. ROBERT HAROLD BITTLE v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018
  5. Flaherty v. StateDistrict Court of Appeal of Florida · 2019

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

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