Lillie v. State
Lillie v. State
Opinion of the Court
The appellant challenges an order summarily denying his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. The appellant made numerous claims, including allegations that trial counsel was ineffective by failing to ensure his presence during jury selection, and forcing him to testify, and refusing to present hypnotically refreshed testimony. The appellant also alleged that the court failed to make a proper inquiry under Nelson v. State, 274 So.2d 256 (Fla. 4th DCA 1973), regarding a desire for self-representation. The appellant further alleged that the court denied him this right by refusing to entertain his motion as to this matter. In addition, the appellant claimed that his right to a fair trial was impaired when the jury found him guilty based on his past record. The appellant also presented a new evidence claim involving the victim’s motivation and the veracity of her testimony. He also based a claim on his alleged absence when the jury instructions were discussed. And he claimed that he was sentenced under an unconstitutional statute, as indicated in State v. Thompson, 750 So.2d 643 (Fla. 1999).
All of the above-recited claims are either refuted by the attachments to the order denying relief, or are otherwise without merit. However, the appellant presented another claim which should not have been summarily denied. He alleged that counsel knew, but failed to apprise the court,
The appealed order is affirmed in part and reversed in part as indicated herein, and the case is remanded for further proceedings under the rule.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.