That ruling came in a case involving death row prisoner Robert Gordon. The trial court had granted Gordon leave to file a successive post-conviction petition in a pro se capacity. When the court summarily denied the petition, Gordon filed a pro se notice of appeal with the Florida Supreme Court.
The Court temporarily relinquished jurisdiction so the trial court could offer Gordon appointed counsel, and an attorney was ultimately appointed for the appeal.
Before briefs were filed, Gordon and his appointed counsel filed separate motions to discharge or withdraw counsel. The Supreme Court then held that death-sentenced prisoners have no federal constitutional right to act pro se in direct appeals of post-conviction proceedings under U.S. Supreme Court precedent.
The Supreme Court in Martinez v. Court of Appeal of California, 538 U.S. 152 (2000) left the determination of a right of self-representation on appeal to the states under their respective state constitutions. The Florida Supreme Court found that no such right existed, and the decision in this case extended that finding to post-conviction proceedings by death-sentenced prisoners. See: Gordon v. State, 75 So.3d 200 (Fla. 2011).
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
Gordon v. State
|Cite||75 So.3d 200 (Fla. 2011)|
|Level||State Supreme Court|