DAVID MUELLER ELAM, APPELLANT,
v.
STATE OF FLORIDA, ET AL., APPELLEES
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THOMPSON, Judge.
David Mueller Elam appeals an order of the trial court denying him appointment of counsel and payment of expenses allegedly necessary to prepare for submission of a motion for post-conviction relief.
Neither the due process clause nor the equal protection clause requires appointment of counsel for preparation of motions for post-conviction relief by indigent prisoners. Ross v. Moffitt, 417 U.S. 600, 94 S.Ct. 2437, 41 L.Ed.2d 341 (1974). Also, indigent prisoners, who are not entitled to free records disclosure under Chapter 119, Florida Statutes, are not thereby denied any constitutional rights. Roesch v. State, 633 So. 2d 1 (Fla.1993). Further, Elam has provided no case law holding that the state must provide counsel and expenses to indigent prisoners not under the sentence of death because it provides the same to indigent prisoners who are under sentence of death.
AFFIRMED.
DAUKSCH and GRIFFIN, JJ., concur.
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Wheeler v. State, 807 So. 2d 94 (Fla. 1st DCA 2002)…Palm Beach County, 804 So. 2d 355 (Fla. 4th DCA 2001). The Florida Legislature has created a statutory right to counsel in such cases, but it applies only to defendants who have been sentenced to death. See § 27.702, Fla.Stat. (2001); Elam v. State, 689 So. 2d 1232 (Fla. 5th DCA 1997). In noncapital cases, the decision to appoint counsel for a defendant asserting a post-conviction claim is discretionary with the trial court. Graham v. State, 372 So. 2d 1363 (Fla.1979). It follows that an order denying a motion…
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Francesco F. Zambuto v. Palm Beach Cnty., 804 So. 2d 355 (Fla. 4th DCA 2001)…ppointed in the trial court and the appellate court. “Neither the due process clause nor the equal protection clause requires appointment of counsel for preparation of motions for post-conviction relief by indigent prison [*357] ers.” Elam v. State, 689 So. 2d 1232, 1233 (Fla. 5th DCA 1997). In Elam, the trial court denied the indigent defendant’s motion to have counsel appointed for the purposes of post-conviction relief. In rejecting the defendant’s position, the court noted that the defendant provided “no c…
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Kelly v. State, 845 So. 2d 1031 (Fla. 5th DCA 2003)…ear the public defender represented him in this matter. In collateral attacks on criminal convictions pursuant to 8.800 and 3.850 motions, indigent defendants are not entitled to representation by the public defender, as of right. See Elam v. State, 689 So. 2d 1232 (Fla. 5th DCA 1997). However in this motion for rehearing, Kelly points out that the public defender corresponded with him and offered to file a notice of appeal to this court, in this proceeding. The public defender has admitted fault in not prop…
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- Ross v. Moffitt, 417 U.S. 600 (U.S. 1974)
- Roesch v. State, 633 So. 2d 1 (Fla. 1993)