Legal Opinion · Dissent

Lines v. State

District Court of Appeal of Florida

Decided February 14, 1992No. 91-867Published

1DissentErvin, Judge

In my judgment the majority’s decision affirming the order denying appellant’s motion to withdraw his previously entered plea of nolo contendere focuses far too much on the fact that appellant’s evidence indicated only that his condition did not meet the legal test of insanity at either the time of the offense or at the time of the entry of his plea. I consider that the inquiry should instead be on whether defense attorney’s failure to adequately investigate evidence of appellant’s abnormal mental condition, before advising him to enter his plea, vitiated either the voluntariness or the…

2Cases cited10 opinions

  1. Knight v. StateSupreme Court of Florida · 1981
  2. Williams v. StateSupreme Court of Florida · 1975
  3. Chestnut v. StateSupreme Court of Florida · 1989
  4. Forbert v. StateSupreme Court of Florida · 1983
  5. Holmes v. StateSupreme Court of Florida · 1979

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