YOLANDA MARSHALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Yolanda Marshall appealed the trial court's denial of her motion to compel the clerk of court to provide certified copies of documents needed for an executive clemency application without cost. The court reversed, holding that Florida law entitles clemency applicants to free certified copies of specified documents and that mandamus was the proper remedy to compel the clerk's performance of this ministerial duty.
Marshall is entitled to one free certified copy of each document she requested, and the trial court should have granted her mandamus relief. Chapter 940.04, Florida Statutes, requires that certified copies of information, indictment, judgment, or sentence be furnished by the clerk to applicants for executive clemency free of charge.
[1] A motion to compel a clerk of court to provide certified copies of documents for an executive clemency application should be treated as a petition for writ of mandamus.
[2] A trial court should grant mandamus relief to compel a clerk of court to perform a ministerial duty required by law.
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Join FLexlaw to unlock all legal intelligence“In the event any applicant for executive clemency is required to supply a certified copy of the applicant's information, indictment, judgment, or sentence, said document shall be furnished by the clerk of the court to the applicant free of charge.”
Statutory language from Chapter 940.04, Florida Statutes (1999), establishing the clerk's mandatory duty to provide free certified copies to clemency applicants
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Join FLexlaw to unlock all legal intelligenceMarshall filed a sworn motion to compel seeking free certified copies of documents (information, judgment, and sentence) necessary to file an applicat…
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[*718] PER CURIAM.
Yolanda Marshall appeals the summary denial of her motion to compel the clerk of the circuit court to provide certified copies, without cost, of the documents Marshall needs to file an application for executive clemency. We find that the trial court should have treated Marshall’s motion as a petition for writ of mandamus and proceed with this appeal as an appeal from the denial of such a petition. With the State’s consent, we are treating this as a summary appeal pursuant to Florida Rule of Appellate Procedure 9.140(f). We reverse.
Marshall filed a sworn motion to compel in the trial court alleging that she was in the process of filing an application for executive clemency and that she had repeatedly tried without success to obtain certified copies of the necessary supporting documents 1 from the clerk of court. The trial court denied the motion stating, incorrectly, that Marshall was not entitled to free copies of these documents.
Chapter 940.04, Florida Statutes (1999), states:
In the event any applicant for executive clemency is required to supply a certified copy of the applicant’s information, indictment, judgment, or sentence, said document shall be furnished by the clerk of the court to the applicant free of charge.
The current rules of executive clemency require that each application have attached to it a certified copy of the information or indictment and judgment and sentence for each conviction for which clemency is sought. See Fla. Admin. Code R. 27 app. (1999).
Marshall is, therefore, entitled to one free certified copy of each document that she requested, and the trial court should have granted her mandamus relief. See, e.g., Nation v. Nation, 404 So. 2d 394 (Fla. 5th DCA 1981)(holding that court has inherent power to review its clerk’s administrative and ministerial acts to determine that they are consistent with the law); Smith v. State, 696 So. 2d 814 (Fla. 2d DCA 1997) (holding that mandamus is the proper remedy to compel a person in an official capacity to perform an indisputable ministerial duty required by law). Accordingly, we reverse and remand. On remand, the trial court shall enter an order directing the clerk of court to supply a certified copy of each of the requested documents to Marshall without charge and without further delay.
Reversed and remanded.
CAMPBELL, A.C.J., and SALCINES and DAVIS, JJ., Concur. . Specifically, Marshall alleges that she has requested certified copies of the information, judgment, and sentence.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Clayton v. State, 849 So. 2d 461 (Fla. 2d DCA 2003)…copies of the information or indictment and judgment and sentence for each conviction, Clayton is entitled to certified copies of such documents free of charge. See Fla. Admin. Code R. 27 app. (2002); § 940.04, Fla. Stat. (2002); Marshall v. State, 759 So. 2d 717 (Fla. 2d DCA 2000); Lane v. Gardner, 778 So. 2d 1071 (Fla. 5th DCA 2001). However, Clayton is not entitled to copies of the plea agreement form, sentencing guidelines scoresheet form, and sentencing transcripts without charge. See § 940.04; Lane, 77…
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King v. State, 916 So. 2d 1001 (Fla. 2d DCA 2005)…ies of documents he needs to file an application for clemency. The trial court should have treated Mr. King’s motion as a petition for writ of mandamus. We treat this proceeding as an appeal from the denial of such a petition. See Marshall v. State, 759 So. 2d 717 (Fla. 2d DCA 2000). In denying Mr. King’s motion, the post-conviction court did attach to its order copies of the written sentence in circuit court case number 90-04280-X and the written judgment and sentence in circuit court case number 90-04786-…
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Ramsey v. Fuller, 99 So. 3d 628 (Fla. 1st DCA 2012)…re she filed a “sworn motion to compel in the trial court alleging that she was in the process of filing an application for executive clemency” and had repeatedly but unsuccessfully tried to obtain certified copies from the clerk. Marshall v. State, 759 So. 2d 717, 718 (Fla. 2d DCA 2000). The court noted that the then-current clemency rules required each application to have “attached to it a certified copy of the information or indictment and judgment and sentence for each conviction for which clemency is sou…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kurtis J. Smith v. State, 696 So. 2d 814 (Fla. 2d DCA 1997)
- Nation v. Darwin R. Nation, 404 So. 2d 394 (Fla. 5th DCA 1981)