Legal Opinion · Concurring in part, dissenting in part

Johnson v. State

Supreme Court of Florida

Decided January 5, 2012No. SC09-1045Published

1Concurring in part, dissenting in part

• CANADY, C.J.,

concurring in part and dissenting in part.

I agree with the majority’s conclusion that section 27.5303(l)(a) governs all public defender motions to withdraw based on conflict — both at the trial and appellate levels — and that the court where the motion is filed is required to review such motions for sufficiency. I disagree, however, with the majority’s conclusion that the Office of Criminal Conflict and Civil Regional Counsel (RCC) did not have standing to object to a public defender’s motion to withdraw.

A would-be litigant has standing if “he or she reasonably expects to be…

2Cases cited12 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. City of Los Angeles v. LyonsSupreme Court of the United States · 1983
  3. Allen v. WrightSupreme Court of the United States · 1984
  4. Whitmore Ex Rel. Simmons v. ArkansasSupreme Court of the United States · 1990
  5. Vermont Agency of Natural Resources v. United States Ex Rel. StevensSupreme Court of the United States · 2000

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