Legal Opinion · Concurrence

Woodall v. State

District Court of Appeal of Florida

Decided June 25, 2010No. 5D09-1717, 5D09-1718Published

1ConcurrenceLawson, J.

I concur in the majority opinion, but write to stress the uniqueness of this case, and to explain why it will have limited precedential value beyond these facts. In most cases a defense lawyer’s failure to explain the legal effect of a particular witness’ testimony or some other piece of evidence will not rise to the level of a manifest injustice requiring a trial court to grant a defendant’s post-sentencing motion to withdraw plea. This case is unique in that Appellant’s counsel made a series of mistakes culminating in Appellant’s unwitting plea to a charge that the State could not prove.

Coun…

2Cases cited13 opinions

  1. State v. SmithTennessee Supreme Court · 2000
  2. State v. SmithSupreme Court of Florida · 1990
  3. Pearce v. StateSupreme Court of Florida · 2004
  4. State v. AllienSupreme Court of Louisiana · 1978
  5. State v. MooreSupreme Court of Florida · 1986

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