NORVEL L. DORCH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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An indigent prisoner appealed the trial court's denial of his motion for free copies of trial record portions needed to prepare a post-conviction relief motion. The court affirmed, holding that under Cassoday v. State, an indigent must first file a rule 3.850 motion alleging grounds for relief before becoming entitled to free record copies relevant to those grounds.
An indigent prisoner is not entitled to free portions of the trial record prior to filing a rule 3.850 motion. Under Cassoday v. State, he must first file a motion alleging his grounds for relief, and only then may he secure those portions of the record relevant to his motion. He must prepare his initial motion based on his recollection of trial.
[1] An indigent prisoner is entitled to a free copy of portions of their trial record that relate to grounds raised in a motion for post-conviction relief or issues raised on…
[2] A motion for post-conviction relief must set forth alleged grounds for relief before an indigent prisoner may secure relevant portions of the trial record at public expen…
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Join FLexlaw to unlock all legal intelligence“in order to prepare a rule 3.850 motion for post-conviction relief with sufficient specificity to satisfy recent appellate decisions it is necessary for him to have an opportunity to review and use the trial record in preparing his motion”
States appellant's argument for why he needs the record before filing his initial motion
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Join FLexlaw to unlock all legal intelligenceNorvel Lee Dorch, an indigent prisoner in the Department of Corrections, sought free copies of portions of his trial record and transcript to prepare …
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PER CURIAM.
Norvel Lee Dorch, presently in the custody of the Department of Corrections, appeals the trial court’s denial of his motion for production of documents. The motion sought a copy of portions of his trial record and transcript at public expense. Dorch, an indigent, contends that in order to prepare a rule 3.850 motion for post-conviction relief with sufficient specificity to satisfy recent appellate decisions it is necessary for him to have an opportunity to review and use the trial record in preparing his motion. We believe that his request is premature, and affirm the trial court’s order. In Cassoday v. State, 237 So. 2d 146 (Fla.1970), the Court held that an indigent prisoner is entitled to a free copy of those portions of his trial record that relate to grounds raised in a rule 3.850 motion or to issues raised on appeal. In other words, for appellant to secure a copy of portions of his trial record at public expense he must first file a 3.850 motion setting forth his alleged grounds for relief. Only then may he secure those portions of the record relevant to his motion. Appellant aptly contends that this rule places him between the proverbial “rock and a hard place.”
A number of decisions have denied rule 3.850 motions for failure to contain a sufficiently explicit statement of supporting facts. E.g., Fluker v. State, 474 So. 2d 334 (Fla. 1st DCA 1985). Appellant contends that he needs certain portions of the record in order to accurately set forth the grounds of his motion. For example, appellant alleges that his trial counsel was a civil, rather than a criminal, lawyer and that he was responsible for numerous trial errors, such as allowing damaging inadmissible testimony into the record because he was unfamiliar with the rules of evidence, failing to properly prepare affirmative defenses, and failing to secure important witnesses for trial. In light of Cassoday, however, we are unable to agree that appellant is entitled to free portions of the record prior to filing his motion alleging his grounds for relief. He must simply do the best he can from his recollection of the trial. We do not pass upon the sufficiency of appellant’s allegations of ineffective assistance of counsel.
AFFIRMED.
SMITH, THOMPSON and ZEHMER, JJ., concur.
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Citator
Cited By (19 total)
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Carr v. State, 495 So. 2d 282 (Fla. 2d DCA 1986)…vering some flaw.” Cassoday v. State, 237 So. 2d 146, 147 (Fla.1970). Rather, a prisoner seeking post-conviction relief must first prepare and file his motion before he may secure those portions of the record relevant to that motion. Dorch v. State, 483 So. 2d 851 (Fla. 1st DCA 1986); Griffith v. State, 363 So. 2d 622 (Fla. 1st DCA 1978). In preparing the motion “[h]e must simply do the best he can from his recollection of the trial.” Dorch, 483 So. 2d at 852. Availability of a transcript is, accordingly, n…
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Baldwin v. State, 743 So. 2d 78 (Fla. 3d DCA 1999)…he court proceedings. Only then may he secure those portions of the record relevant to his motion.” McFadden v. State, 711 So. 2d 1350 (Fla. 1st DCA 1998) (citations omitted); accord Cassoday v. State, 237 So. 2d 146, 147 (Fla.1970); Dorch v. State, 483 So. 2d 851, 852 (Fla. 1st DCA 1986); Carr v. State, 495 So. 2d 282 (Fla. 2d DCA 1986). Here, it appears that defendant wishes to file a motion under Florida Rule of Criminal Procedure 3.800. The same logic applies. Defendant may, of course, inquire whether h…
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McFADDEN v. State, 711 So. 2d 1350 (Fla. 1st DCA 1998)…order to secure a copy of portions of his trial record. In preparing his motion, appellant must rely on his best recollection of the court proceedings. Only then may he secure those portions of the record relevant to his motion. See Dorch v. State, 483 So. 2d 851 (Fla. 1st DCA 1986) and Cassoday v. State, 237 So. 2d 146 (Fla.1970). WEBSTER and LAWRENCE, JJ., and SHIVERS, DOUGLASS B„ Senior Judge, concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cassoday v. State, 237 So. 2d 146 (Fla. 1970)
- Fluker v. State, 474 So. 2d 334 (Fla. 1st DCA 1985)