Legal Opinion

McNeal v. State

District Court of Appeal of Florida

Decided February 28, 2013No. 1D11-6875PublishedCited by 3 opinions

1Opinion of the CourtThomas, J.

Appellant raises three issues on appeal. He argues the trial court erred by: 1) not holding a hearing pursuant to Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975); 2) failing to timely renew the offer of assistance of counsel; and 3) admitting a written statement as a past recollection recorded when the writer did not confirm that she was under oath at the time the statement was written, and neither recalled whether an officer was present, nor whether she wrote a statement at all. We affirm as to the first two issues without further comment. With respect to the third…

Also in this document: Concurrence.

2Cases cited8 opinions

  1. Faretta v. CaliforniaSupreme Court of the United States · 1975
  2. Canakaris v. CanakarisSupreme Court of Florida · 1980
  3. San Martin v. StateSupreme Court of Florida · 1998
  4. Carpenter v. StateSupreme Court of Florida · 2001
  5. Smith v. StateDistrict Court of Appeal of Florida · 2004

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3Cited by3 opinions

  1. Cherry v. StateDistrict Court of Appeal of Florida · 2014
  2. Demetrice Armicle McNeal v. State of FloridaSupreme Court of Florida · 2014
  3. McNeal v. StateDistrict Court of Appeal of Florida · 2014

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