Ash v. State
On a motion for second rehearing in an Anders appeal, the First DCA majority explained that its earlier order directing supplemental briefing on Faretta self-representation and judicial-disqualification issues was not actually required by State v. Causey because the issues raised were not 'meritorious' errors apparent on the record, and that even when a court does issue such an order and the appellant's supplemental brief adopts it, the court must still affirm if the brief fails to provide adequate legal or factual support for reversal. Judge Winokur dissented, arguing the majority's 'arguable' vs. 'meritorious' distinction is circular and that Anders/Causey procedure required the court to treat the self-representation issue as properly presented once briefing was ordered. The majority certified a question to the Florida Supreme Court asking whether Rule 9.140(g)(2) is consistent with the appellate court's neutral role.
Key facts
- Ash appealed his conviction and the First DCA appointed counsel under Anders v. California procedures; counsel filed a brief identifying no meritorious issues, prompting the court to order supplemental briefing on Faretta self-representation and judicial-disqualification claims.
- The First DCA majority affirmed, holding that supplemental briefing was not required under State v. Causey because the issues were not 'arguable on the merits,' and that even where supplemental briefing is ordered and adopted by counsel, the court may affirm if the brief lacks adequate legal or factual support for reversal.
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Why it matters
This opinion is significant for criminal appellate practitioners because it addresses an unsettled and recurring procedural question about the scope and consequences of Causey/Anders supplemental briefing orders… — full analysis with a trial
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