KEITH L. ANDERSON, PETITIONER,
v.
PAUL C. HELM, ASSISTANT PUBLIC DEFENDER, RESPONDENT
KEITH L. ANDERSON, PETITIONER,
PAUL C. HELM, ASSISTANT PUBLIC DEFENDER, RESPONDENT
581 So. 2d 590
Florida District Court of Appeal, Second District (1990)
Caution
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Keith Anderson petitions this court for a writ of mandamus directing his court-appointed appellate counsel to relinquish the record on appeal. See, e.g., Bermed v. Tacher, 565 So. 2d 833 (Fla. 3d DCA 1990).
Mr. Helm, the attorney, represented Anderson in 1979, and was successful in having part of Anderson’s sentence vacated. Anderson v. State, 368 So. 2d 427 (Fla. 2d DCA 1979). In July, 1990, Anderson wrote Helm requesting the record. Anderson deems Helm’s response, which states that the case file was destroyed after five years pursuant to his employer’s policy, as “unsatisfactory.” We disagree.
Petition denied.
RYDER and PATTERSON, JJ., concur. SCHOONOVER, C.J., concurs in result only.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hollis v. Massa, 211 So. 3d 266 (Fla. 4th DCA 2017)…the attorney had made it clear that the records had in fact been destroyed, this would have been a valid defense to the alternative writ of mandamus and the court would have been on solid ground in denying the petition.”); see also Anderson v. Helm, 581 So. 2d 590, 591 (Fla. 2d DCA 1990) (denying petition for writ of mandamus directed to appellate counsel where counsel’s response asserted that the case file was destroyed after five years pursuant to his employer’s policy). Here, the trial court erred in fail…
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Brown v. State, 152 So. 3d 739 (Fla. 4th DCA 2014)…this would have been a valid defense to the alternative writ of mandamus and the court would have been on solid ground in denying the petition. As it stands, this is not a case where there is no contested issue of fact. See, e.g., Anderson v. Helm, 581 So. 2d 590, 591 (Fla. 2d DCA 1990) (denying petition for writ of mandamus directed to appellate counsel where counsel asserted that the case file was destroyed pursuant to office policy). On remand, if the Office of the Public Defender produces evidence that…
Authorities Cited
- Bermed v. Tacher, 565 So. 2d 833 (Fla. 3d DCA 1990)
- Anderson v. State, 368 So. 2d 427 (Fla. 2d DCA 1979)