RUDOLPH MCCASKILL, PETITIONER,
v.
JEFFREY DEES, RESPONDENT
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Appointed counsel can be compelled by mandamus to furnish requested client file documents.
Petitioner sought documents from his court-appointed counsel, including depositions and statements. Counsel provided some explanation regarding the tr…
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W. SHARP, Judge.
MeCaskill seeks a writ of mandamus to compel his court-appointed counsel, Jeffrey Dees, to furnish him with documents from his file: the 1990 depositions of Darlene Jones Wilson and Carolyn Jones Wilson and statements that Darlene Jones made to Paul Usina which were witnessed by Debbie Fulg-ham. He also requested the transcript of oral argument in the direct appeal.
The record shows that Dees sent a letter to MeCaskill, explaining that there is no transcript in his possession of the oral argument in the Fifth District Court of Appeal. In point of fact, this court does not normally make any kind of recording or transcription of the oral arguments presented here. It may be done by special request of the parties or the judges, but it is extremely rare.
However, the record is silent as to whether Dees communicated with MeCaskill concerning the status of the other requested documents. In this regard, we think the writ should be granted. Private counsel who are appointed as special public defenders, as Dees was for MeCaskill, can be compelled by mandamus to furnish files requested by their clients. See Dubose v. Shelnutt, 566 So. 2d 921 (Fla. 5th DCA 1990) (special assistant public defenders required to furnish client with depositions, upon request, in a completed case); Bermed v. Tacher, 565 So. 2d 833 (Fla. 3d DCA 1990) (special public defender required to deliver documents and transcripts requested by client); R. Regulating Fla. Bar 4-1.16(d). Based on the response filed in this proceeding, Dees claims he searched his files and records but could not find the record on appeal. He concedes he has no cover letter indicating he sent the file to MeCaskill, nor has he apparently communicated with MeCaskill to tell him those facts. He must do one or the other. Petition for Writ of Mandamus GRANTED.
THOMPSON and ANTOON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Colon v. Irwin, 732 So. 2d 428 (Fla. 5th DCA 1999)…ars well settled that a specially appointed public defender must turn over to his client depositions taken at public expense. Long v. Dillinger, 701 So. 2d 1168, 1169 (Fla.1997); Harris v. Webb, 711 So. 2d 641 (Fla. 1st DCA 1998); McCaskill v. Dees, 698 So. 2d 628 (Fla. 5th DCA 1997); Pearce v. Sheffey, 647 So. 2d 333 (Fla. 2d DCA 1994); Eichelberger v. Brueckheimer, 613 So. 2d 1372, 1373 (Fla. 2d DCA 1993); Thompson v. Unterberger, 577 So. 2d 684, 685-86 (Fla. 2d DCA 1991); Dubose v. Shelnutt, 566 So. 2d 921…
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Harris v. Webb, 711 So. 2d 641 (Fla. 1st DCA 1998)…lps. Appellee’s response below acknowledged that transcripts of these depositions had not been furnished to appellant, and to the extent they were prepared at public expense, an order compelling their production was warranted. See McCaskill v. Dees, 698 So. 2d 628 (Fla. 5th DCA 1997); Thompson v. Unterberger, 577 So. 2d 684 (Fla. 2d DCA 1991). AFFIRMED in part, REVERSED in part and REMANDED for further proceedings. BARFIELD, C.J., and KAHN and WEBSTER, JJ., concur.…
Authorities Cited
- Bermed v. Tacher, 565 So. 2d 833 (Fla. 3d DCA 1990)
- Dubose v. Shelnutt, 566 So. 2d 921 (Fla. 5th DCA 1990)