In JONES v. FLORIDA PAROLE COMMISSION, No. SC09-612 (Fla. Oct. 14, 2010), the Court held that the one year statute of limitations in §95.11(5)(f) Florida Statutes (2008) is unconstitutional as applied a petition for a writ of habeas corpus. Such application violates the doctrine of separation of powers. Slip opinion at 6. The Court also held that the purpose of a habeas corpus proceeding is to inquire into the legality of the petitioner's present detention. A habeas petition does not challenge the judicial action that places a petitioner in jail; rather, it challenges the detention itself. Section 95.11(5)(f) does not provide for a specific time when causes of action subject to its statute of limitations accrue. Even if the Court were to find that section 95.11(5)(f) can constitutionally be applied to habeas petitions, which the Court did not, a new cause of action would accrue each day that a defendant is detained. If a petitioner alleges that he is unlawfully detained, his claim is necessarily filed within the one-year time limitation established by the statute. Slip opinion at 12.
In KEGLER v. STATE, No. 2D09-4685 (Fla. 2d DCA Oct. 15, 2010), the Defendant timely sought to withdraw his plea after sentencing. The Defendant alleged that he had been misadvised and coerced to plead by trial counsel, and that counsel would admit his failings if placed under oath. When the circuit court asked the Defendant if he were willing to waive the attorney-client privilege, the Defendant requested counsel.The circuit court pointed out that he had counsel, and the Defendant replied that he needed "conflict counsel." The circuit court responded that it was too late for "conflict counsel" and denied the motion to withdraw plea. The DCA reversed, holding that coercion by counsel may render a plea involuntary. A motion to withdraw plea is a critical stage of the proceedings at which a defendant is entitled to be present and to have counsel represent him. Where a defendant seeks to withdraw his plea on the ground that it was coerced by his attorney, the trial court must either appoint conflict-free counsel or permit the defendant the opportunity to secure the same and then conduct an evidentiary hearing on the motion to withdraw plea.
