JESSIE FLOYD
v.
HERMAN D. LARAMORE, PUBLIC DEFENDER ET AL.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The appellate court reversed a trial court's denial of a writ of mandamus, finding that the petitioner's request for deposition testimony, potentially on a disc, was facially sufficient. The case clarifies that public defenders must provide indigent defendants with records prepared at public expense.
Yes, the petition was facially sufficient. The court held that a request for deposition testimony or recordings, even if not transcribed, can be sufficient if it pertains to materials prepared at public expense, and the possibility of a disc containing recordings makes the petition facially sufficient.
[1] A public defender must provide transcripts or record documents prepared at public expense on behalf of an indigent defendant to the defendant for copying at no charge.
[2] When a mandamus petitioner submits a facially sufficient petition, the trial court must issue an alternative writ directing the respondent to file a response rather than…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“One seeking a writ of mandamus must show that he has a clear legal right to the performance of a clear legal duty by a public officer, and that he has no other available legal remedies.”
This quote establishes the general standard for obtaining a writ of mandamus.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceJessie Floyd, represented by a public defender in a prior criminal case, petitioned for a writ of mandamus to obtain deposition testimony taken by his…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
Jessie Floyd appeals the trial court’s denial of his petition for writ of mandamus. Floyd was previously represented by an assistant public defender in a criminal proceeding. In his petition, he requested the Public Defender’s Office provide him with “either the original or a copy of the deposition testimony” taken by his attorney before his criminal trial. The trial court summarily denied Floyd’s petition, concluding that the petition was facially insufficient due to Floyd’s apparent acknowledgement that the depositions were never transcribed. We reverse.
“One seeking a writ of mandamus must show that he has a clear legal right to the performance of a clear legal duty by a public
officer, and that he has no other available legal remedies.” Romine v. Allen, 262 So. 3d 855, 857 (Fla. 1st DCA 2018) (quoting Plymel v. Moore, 770 So. 2d 242, 246 (Fla. 1st DCA 2000)). A public defender is a “public officer” who is required to provide “[t]ranscripts or record documents that were prepared at public expense on behalf of an indigent defendant” to the defendant for copying at no charge. Brown v. State, 93 So. 3d 1194, 1196 (Fla. 4th DCA 2012). When a petitioner submits a facially sufficient petition, the trial court must issue an alternative writ in mandamus directing the respondent to file a response to the petition. Anthony v. State, 277 So. 3d 223, 226 (Fla. 2d DCA 2019). If there is a dispute over whether the Public Defender’s Office possesses the requested records, the trial court must conduct an evidentiary hearing to resolve the issue. Ferrier v. Pub. Def.’s Off., Second Jud. Cir. of Fla., 171 So. 3d 744 (Fla. 1st DCA 2015).
Floyd’s request for relief is ambiguous as to what he is specifically requesting regarding transcripts or possible recordings of the depositions. Although his petition seems to acknowledge that no transcripts exist, it includes an attached letter in which Floyd asks his attorney for the deposition transcripts or “the disc.” Because he also seeks a disc that may contain recordings of the depositions, Floyd has submitted a facially sufficient petition. See Kimbrough v. State, 256 So. 3d 219, 220 (Fla. 5th DCA 2018) (holding that CDs and DVDs should be furnished to the defendant at no charge if they were prepared for him at public expense).
Accordingly, we reverse the trial court’s order and remand the matter with instructions to the trial court to order the Public Defender’s Office to file a response to the petition.
REVERSED and REMANDED.
LEWIS, NORDBY, and LONG, JJ., concur. _____________________________
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Citator
Cited By
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Traska v. Bd. of Cnty. Comm'rs of Brevard Cnty. (Fla. 5th DCA 2026)
Authorities Cited
- Bd. of Cnty. Comm'rs of Hillsborough Cnty. v. Deason, 770 So. 2d 242 (Fla. 1st DCA 2000)
- Brown v. State, 93 So. 3d 1194 (Fla. 4th DCA 2012)
- Ferrier v. The Pub. Def's. Off., 171 So. 3d 744 (Fla. 1st DCA 2015)
- Anthony v. State, 277 So. 3d 223 (Fla. 2d DCA 2019)
- Kimbrough v. State, 256 So. 3d 219 (Fla. 5th DCA 2018)
- Captain Romine v. Allen, 262 So. 3d 855 (Fla. 1st DCA 2018)