Supreme Court of Florida
James Robertson, Appellant v. State of Florida, Appellee
July 10, 201439 Fla. L. Weekly Supp. 497
Summary
The Supreme Court of Florida denied appellate counsel’s motion to withdraw from representing death‑sentenced prisoner James Robertson, holding that the Court’s mandatory automatic review of death sentences requires counsel to continue representation regardless of the defendant’s desire to forego appeal. The decision rests on constitutional and statutory mandates and longstanding precedent requiring adversarial advocacy in capital cases. A dissent argued that the defendant’s fundamental right to waive the appeal was infringed.