MICHAEL O. HARRIS, APPELLANT,
v.
JAMES WEBB, JR., APPELLEE
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PER CURIAM.
Michael 0. Harris appeals the denial of his petition for writ of mandamus, in which he sought an order compelling his court-appointed trial counsel to provide him with copies of various documents contained in counsel’s file. We affirm the denial of relief except as to appellant’s request that he be provided copies of the depositions of the vie-tim and witness Phelps. 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.
Cases With Similar Vibessemantic neighbors from the corpus
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Colon v. Irwin, 732 So. 2d 428 (Fla. 5th DCA 1999)…, which was cited to the lower court by appellant, appears 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…
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Hawkins v. Gardner, 978 So. 2d 858 (Fla. 1st DCA 2008)…lant, and in addition to the return of any personal property he is entitled to a copy of transcripts and other documents, insofar as those documents were prepared at public expense. Potts v. State, 869 So. 2d 1223 (Fla. 2d DCA 2004); Harris v. Webb, 711 So. 2d 641 (Fla 1st DCA 1998); Gay v. State, 697 So. 2d 179 (Fla. 1st DCA 1997). The mandamus petition presented a facially sufficient claim for such relief; the appealed order is therefore reversed, and the case is remanded. ALLEN, WEBSTER, and PADOVANO, JJ…
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Davis v. State, 861 So. 2d 1214 (Fla. 2d DCA 2003)…a public defender to furnish a defendant with such transcripts. See Pearce v. Sheffey, 647 So. 2d 333 (Fla. 2d DCA 1994); Thompson v. Unterberger, 577 So. 2d 684 (Fla. 2d DCA 1991); Colon v. Irwin, 732 So. 2d 428 (Fla. 5th DCA 1999); Harris v. Webb, 711 So. 2d 641 (Fla. 1st DCA 1998). Because Davis stated a facially sufficient claim for mandamus relief, the trial court erred by not issuing an alternative writ ordering the public defender to show cause why the relief should not be granted. Therefore, we revers…
Authorities Cited
- Thompson v. Simpson Unterberger, 577 So. 2d 684 (Fla. 2d DCA 1991)
- McCASKILL v. Dees, 698 So. 2d 628 (Fla. 5th DCA 1997)