Florida District Courts of Appeal, 1991

Glispy v. Wild

Glispy v. Wild
Florida District Courts of Appeal · Decided October 16, 1991 · Anstead, Garrett, Polen
591 So. 2d 272; 1991 Fla. App. LEXIS 10386; 1991 WL 212994 (Southern Reporter, Second Series)

Glispy v. Wild

Opinion of the Court

PER CURIAM.

The petition is denied.

POLEN and GARRETT, JJ., concur. ANSTEAD, J., dissents with opinion.

Dissenting Opinion

ANSTEAD, Judge,

dissenting.

I would grant the petition. The petitioner, Terry Glispy, is represented by the public defender’s office. That office also represents two (2) prosecution witnesses. This constitutes a sufficient conflict of interest entitling petitioner to representation by independent counsel. Babb v. Edwards, 412 So.2d 859 (Fla. 1982). Further, because of the important, yet sometimes subtle, effect of such a conflict, this error is not one susceptible to full remedy by a later appeal after petitioner’s case is concluded. Cf. Boudreau v. Carlisle, 549 So.2d 1073 (Fla. 4th DCA 1989); Babb v. Edwards.

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