Legal Opinion · Dissent

Sheppard v. State

Supreme Court of Florida

Decided August 27, 2009No. SC08-1452Published

1DissentPolston, J.

I disagree with the majority’s decision to quash the Second District’s decision in Sheppard v. State, 988 So.2d 74 (Fla. 2d DCA 2008), and to recede from the bright-line rule against hybrid representation that this Court set forth in Johnson v. State, 974 So.2d 363 (Fla.2008). Because the Second District properly applied Logan v. State, 846 So.2d 472 (Fla.2003) and Johnson, and I am not persuaded that we should recede from this precedent, I respectfully dissent. I see no justification for appellate courts to enjoy the benefit of this bright-line distinction while removing it from the trial…

2Cases cited22 opinions

  1. Nelson v. StateDistrict Court of Appeal of Florida · 1973
  2. State v. GraySupreme Court of Florida · 1995
  3. Logan v. StateSupreme Court of Florida · 2003
  4. Hardwick v. StateSupreme Court of Florida · 1988
  5. United States v. Robert Neil Conder, United States of America v. Bernard Joseph Grogan, United States of America v. William Moore PegramCourt of Appeals for the Sixth Circuit · 1970

17 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API