Klokoc v. State

In Klokoc v. State, 589 So. 2d 219 (Fla. 1991), although the defendant refused to put on mitigation, the Court unanimously reduced the death sentence to life based on specially appointed counsel's presentation of mitigating evidence, including evidence of mental illness. Klokoc is also an example of the importance of a uniform procedure for evaluating mitigating evidence before imposition of the death penalty in these rare cases and the benefits of appointing special counsel. In Klokoc, the trial court denied counsel's motion to withdraw "but, in view of Klokoc's lack of cooperation with his counsel, the court appointed special counsel to represent the public interest in bringing forth mitigating factors to be considered by the court in the sentencing proceeding." 589 So. 2d at 220. As a result of the procedure of appointing special counsel in Klokoc to present mitigating evidence during the penalty phase, we unanimously reversed Klokoc's death sentence on the grounds that the mitigating evidence in the record rendered the death sentence disproportionate. Essentially, this reversal was over the defendant's own objection. See id. at 222. In Klokoc, we impliedly recognized that a procedure for appointing special counsel does not conflict with the defendant's right to self-representation as set forth in Faretta v. California, 422 U.S. 806 (1975).