Legal Opinion

Wisniewski v. State

District Court of Appeal of Florida

Decided October 14, 2015No. 2D14-995PublishedCited by 1 opinion

1Opinion of the Court

BLACK, Judge.

This appeal was originally filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). However, upon our review of the record it was apparent that whether the trial court erred in striking Andrew Wisniewski’s pro se motion to withdraw plea was an issue arguable on its merits. As such, we ordered merits-based briefing. See Chapman v. State, 40 Fla. L. Weekly D1597, — So.3d -, 2015 WL 4136778 (Fla. 2d DCA July 10, 2015) (striking Anders briefing and requiring merits briefing).

Because the trial court’s order struck Wisniewski’s motion as a nullity…

2Cases cited8 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. Logan v. StateSupreme Court of Florida · 2003
  3. Sheppard v. StateSupreme Court of Florida · 2009
  4. Peterson v. StateDistrict Court of Appeal of Florida · 2004
  5. Chapman v. StateDistrict Court of Appeal of Florida · 2015

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3Cited by1 opinion

  1. JOSEPH GILLETTE, JR. v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2024

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