Legal Opinion

Johnson v. State

District Court of Appeal of Florida

Decided June 27, 2018No. Case No. 2D16–1316Published

1Opinion of the Court

CRENSHAW, Judge.

Franklin Johnson appeals his judgment and sentences for battery on a law enforcement officer and obstructing or opposing an officer with violence. He argues that the court failed to offer counsel, failed to conduct an adequate Faretta 1 inquiry, *936and erred in accepting his waiver of the right to counsel at various critical stages.2 Because the court failed to offer counsel to Johnson and failed to conduct a Faretta inquiry before permitting him to represent himself during plea negotiations, which is a critical stage, we reverse.

"Every person accused of [a] crime has a right to…

2Cases cited19 opinions

  1. Faretta v. CaliforniaSupreme Court of the United States · 1975
  2. Hill v. LockhartSupreme Court of the United States · 1985
  3. Padilla v. KentuckySupreme Court of the United States · 2010
  4. Massiah v. United StatesSupreme Court of the United States · 1964
  5. Missouri v. FryeSupreme Court of the United States · 2012

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