ANGEL M. COLON, APPELLANT,
v.
MICHAEL L. IRWIN, APPELLEE
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A specially appointed defense counsel must turn over depositions taken at public expense to his client.
[1] A specially appointed public defender must turn over to his client depositions taken at public expense.
[2] A writ of mandamus may be used to compel specially appointed defense counsel to relinquish pre-trial depositions and other documents produced at public expense.
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Join FLexlaw to unlock all legal intelligenceA juvenile inmate, proceeding pro se, sought a writ of mandamus to compel his court-appointed defense counsel to relinquish pre-trial depositions and …
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GRIFFIN, C.J.
Angel M. Colon [“Colon”] appeals the order of the Orange County Circuit Court dismissing his petition for writ of mandamus. We reverse.
Colon is a juvenile serving a term of his natural life in prison. He filed, prose, a petition for mandamus in the lower court to compel Michael L. Irwin [“Irwin”] special court appointed defense counsel, to relinquish a set of all pre-trial depositions and other documents or records produced at the public expense in his criminal case for first-degree premeditated murder. Colon contends that the documents requested are necessary for post-conviction relief and should be provided at no cost. Colon further asserts that Irwin, as special appointed defense counsel, is an “official” for purposes of seeking relief by mandamus.
The trial court dismissed Colon’s petition, finding that there is no authority in “the law and practice of the State of Florida” for issuing a writ of mandamus against special appointed defense counsel that would “improperly place a financial burden on him that is not part of a defense counsel’s duties.”
The controlling law on this point, 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 (Fla. 2d DCA 1991); Dubose v. Shelnutt, 566 So. 2d 921 (Fla. 5th DCA 1990).
Here, Colon seeks to have depositions prepared for trial that are not contained in the record of his criminal appeal. He is entitled to have them. If counsel wishes to retain a copy for his own records, he must make one at his own expense.
REVERSED and REMANDED.
PETERSON and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
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Potts v. State, 869 So. 2d 1223 (Fla. 2d DCA 2004)…Fla.1997). However, transcripts that were prepared at public expense on behalf of an indigent defendant must be provided to the defendant without charge for copying. Thompson v. Unterberger, 577 So. 2d 684, 685-86 (Fla. 2d DCA 1991); Colon v. Irwin, 732 So. 2d 428, 429 (Fla. 5th DCA 1999). Similarly, a defendant is entitled to the return of personal property that he or she provided to counsel. See Thompson, 577 So. 2d at 686. “Mandamus is the appropriate remedy since it is used to compel an official to perfor…
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Blackshear v. State, 771 So. 2d 1199 (Fla. 4th DCA 2000)…rs. Sentences imposed on juveniles of life imprisonment are not uncommon in Florida Courts. See, e.g., Ritchie v. State, 651 So. 2d 167 (Fla. 1st DCA 1995)(upholding a juvenile’s life sentence for a second degree murder conviction); Colon v. Irwin, 732 So. 2d 428 (Fla. 5th DCA 1999)(addressing a juvenile’s petition for writ of mandamus to release documents who had been sentenced to life for first degree murder); Manuel v. State, 629 So. 2d 1052 (Fla. 2nd DCA 1993)(remanding to consider whether [*1202] thirte…
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Graham v. State, 982 So. 2d 43 (Fla. 1st DCA 2008)…rs. Sentences imposed on juveniles of life imprisonment are not uncommon in Florida Courts. See, e.g., Ritchie v. State, 651 So. 2d 167 (Fla. 1st DCA 1995)(upholding a juvenile’s life sentence for a second degree murder conviction); Colon v. Irwin, 732 So. 2d 428 (Fla. 5th DCA 1999)(addressing a juvenile’s petition for writ of mandamus to release documents who had been sentenced to life for first degree murder); Manuel v. State, 629 So. 2d 1052 (Fla. 2nd DCA 1993)(remanding to consider whether thirteen year…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Thompson v. Simpson Unterberger, 577 So. 2d 684 (Fla. 2d DCA 1991)
- Pearce v. Sheffey, 647 So. 2d 333 (Fla. 2d DCA 1994)
- Eichelberger v. Brueckheimer, 613 So. 2d 1372 (Fla. 2d DCA 1993)
- Dubose v. Shelnutt, 566 So. 2d 921 (Fla. 5th DCA 1990)
- Long v. Dillinger, 701 So. 2d 1168 (Fla. 1997)
- Harris v. Webb, 711 So. 2d 641 (Fla. 1st DCA 1998)
- McCASKILL v. Dees, 698 So. 2d 628 (Fla. 5th DCA 1997)