STATE OF FLORIDA, PETITIONER,
v.
EDWARD ZAPETIS, RESPONDENT
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The Florida Supreme Court denied the State's petition for writ of certiorari challenging a trial court's order that denied the State access to the respondent for a neuropsychological examination prior to a competency hearing. The court held that the State failed to meet the standard for certiorari review because the denial order was without prejudice and subject to reconsideration.
The petition for certiorari is denied. The State failed to satisfy the requirements for certiorari review: it did not demonstrate that the order would substantially impair its ability to prosecute the case, did not show irreparable harm given the order was without prejudice, and did not demonstrate the trial court departed from essential requirements of law.
[1] Certiorari review of a pretrial order in a criminal proceeding is appropriate only if the order will substantially impair the State's ability to prosecute the case.
[2] A party seeking certiorari review must demonstrate the existence of irreparable harm.
Previewing 2 of 4 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“The State does not argue that the order denying access without prejudice will substantially impair the State's ability to prosecute this case, the standard required for certiorari review of pretrial orders in criminal proceedings.”
Establishes the controlling standard for certiorari review of pretrial orders in criminal cases
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Join FLexlaw to unlock all legal intelligenceThe trial court appointed two experts to examine respondent for competency to stand trial. Respondent's own expert also examined him. The State sought…
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PER CURIAM.
The State filed a petition for writ of common law certiorari requesting review of the trial court’s order denying the State’s motion for neuropsychological examination prior to a hearing on respondent’s competency to stand trial. We deny review.
The trial court appointed two experts to examine the respondent. Additionally, the respondent’s own expert examined him. The State’s motion for access to the respondent to permit examination by its expert was denied without prejudice to renew it if it later appeared that one of the experts had relied upon the findings of another expert instead of conducting an independent examination, or if the defense expert acted as an advocate rather than as an independent examiner. The State renewed its motion, and it was again denied without prejudice to renew at the close of the competency hearing if it appeared at that time that one or more of the experts did not conduct a truly independent examination.
The State does not argue that the order denying access without prejudice will substantially impair the State’s ability to prosecute this ease, the standard required for certiorari review of pretrial orders in criminal proceedings. State v. Pettis, 520 So. 2d 250, 253 (Fla.1988). Further, the State has not demonstrated the existence of irreparable harm as required by Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla.1987), because this order was entered without prejudice and subject to reconsideration at the time of the competency hearing.
Finally, the State has failed to demonstrate that the trial court departed from the essential requirements of the law. The State relies on State v. Battle, 302 So. 2d 782 (Fla. 3d DCA1974) and Bannister v. State, 358 So. 2d 1182 (Fla. 2d DCA) cert. denied, 364 So. 2d 891 (Fla.1978). Both Battle and Bannister involved orders denying the State’s expert access to a defendant who had raised the insanity defense, contrary to the requirements of former rule 3.210(c), Florida Rules of Criminal Procedure (now Fla.R.Crim.P. 3.216(h)). However, unlike the rule on the insanity defense, the rules governing the determination of the defendant’s competency to stand trial do not specifically authorize the State to call its own expert at the competency hearing. See Fla.R.Crim.P. 3.210-3.212.
Accordingly, for all of the above reasons, certiorari is denied.
HERSEY, WARNER and PARIENTE, JJ., concur.
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Citator
Cited By
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Yancy v. State, 88 So. 3d 1040 (Fla. 4th DCA 2012)…competency evaluation. Id. at 1252-53 (emphasis added; internal citations omitted). Given the foregoing principle, no statute or rule allows the state to retain an expert to examine a defendant on a competency-related issue. Cf. State v. Zapetis, 629 So. 2d 861, 861-62 (Fla. 4th DCA 1993) (denying state’s petition for writ of certiorari seeking to conduct its own neu-ropsychological examination of a defendant before a hearing on the defendant’s competency to stand trial). The same reasoning justifies the c…
Authorities Cited
- Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla. 1987)
- State v. Pettis, 520 So. 2d 250 (Fla. 1988)
- Holton v. Atl. Dep't Stores, Inc., 302 So. 2d 782 (Fla. 1st DCA 1974)
- State v. Battle, 302 So. 2d 782 (Fla. 3d DCA 1974)
- Bannister v. State, 358 So. 2d 1182 (Fla. 2d DCA 1978)