Legal Opinion

Jones v. State

District Court of Appeal of Florida

Decided September 7, 2011No. 1D11-1337Published

1Per curiam

Darryl Jones appeals the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, and argues that the trial court erred by not appointing counsel to represent him at the evidentiary hearing. We agree, reverse the order, and remand with directions to appoint counsel. See Williams v. State, 472 So.2d 738, 740 (Fla.1985) (holding, based on lack of 3.850 movant’s sophistication which made “clear that he was unable to meet the technical requirements of going forward with the burden of proving his initial allegations, irrespective of the merits of…

2Cases cited5 opinions

  1. Williams v. StateSupreme Court of Florida · 1985
  2. Rogers v. StateDistrict Court of Appeal of Florida · 1997
  3. Witherspoon v. StateDistrict Court of Appeal of Florida · 1994
  4. Woodward v. StateDistrict Court of Appeal of Florida · 2008
  5. Henderson v. StateDistrict Court of Appeal of Florida · 2006

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