Mosley v. State
The Florida Supreme Court vacated Mosley's death sentence for the murder of his infant son and remanded for a new Spencer hearing and sentencing, finding that the trial court committed reversible error by failing to actually address or rule on Mosley's unequivocal written motion to represent himself at the Spencer hearing, instead deferring it until after sentence was already imposed, rendering it moot without explanation. The Court rejected Mosley's other claims of error (limits on cross-examination of a cooperating witness, exclusion of certain mitigation testimony, jury instruction arguments, and denial of a pro se evidentiary-hearing motion) and held he was not entitled to a third penalty phase trial. Chief Justice Muñiz dissented in part, agreeing the self-representation request was untimely but arguing the trial court's denial was not an abuse of discretion given the record of vacillation.
Key facts
- Mosley was convicted of murdering his infant son and received a death sentence after a penalty phase trial.
- Shortly before the Spencer hearing (resentencing hearing), Mosley filed an unequivocal written motion to represent himself, which the trial court did not rule on until after sentencing was already imposed, rendering the motion moot.
- +2 more key facts with a free trial
Why it matters
This opinion is significant because it establishes that a trial court cannot simply ignore or defer ruling on an unequivocal Faretta request until it becomes moot — even where the request is objectively untimely, the… — full analysis with a trial
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