WILLIE BUSH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed the summary denial of a mandamus petition requiring an appellate counsel to turn over his client's appeal records and transcripts prepared at public expense.
An appellate counsel who is a state agent may be compelled by mandamus to turn over to his former client the records and transcripts prepared for the client at public expense.
[1] A specially appointed public defender acting as appellate counsel is an agent of the state and may be compelled by mandamus to deliver to the former client records and tr…
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Join FLexlaw to unlock all legal intelligenceWillie Bush requested that his former specially appointed appellate counsel, Philip J. Massa, turn over his complete record on appeal, including trans…
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PER CURIAM.
This is an appeal from the summary denial of a petition for writ of mandamus filed against Philip J. Massa, Esq. in which the petitioner, Willie Bush, requested that Massa turn over to him his complete record on appeal, including transcripts, in connection with case no. 4D03-1499, the appeal of Bush’s conviction and sentence. In that case, Massa was Bush’s specially appointed appellate counsel. Bush previously had written Massa to request the documents; Bush served his petition and his brief on Massa, but Massa has filed no brief in connection with this appeal. The trial court did not issue an order to show cause and denied the petition without any explanation. We reverse.
As Bush’s specially appointed public defender, Massa was an agent of the state, and he may be compelled by mandamus to turn over to his former client the records and transcripts which were prepared for his client at public expense. See, e.g., Ramos v. State, 757 So. 2d 616 (Fla. 3d DCA 2000); Colon v. Irwin, 732 So. 2d 428 (Fla. 5th DCA 1999); Pearce v. Sheffey, 647 So. 2d 333 (Fla. 2d DCA 1994). Therefore, we reverse with directions to the trial court to issue an order to show cause to the respondent.
Reversed and Remanded for further proceedings.
STEVENSON, C.J., WARNER and KLEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Lewis v. State, 142 So. 3d 879 (Fla. 1st DCA 2014)…at public expense. See Office of the Public Defender v. Madison, 961 So. 2d 1044 (Fla. 1st DCA 2007) (Public Defender must surrender “any trial transcripts in its possession” to defendant, upon request, at the end of representation”); Bush v. State, 947 So. 2d 685, 686 (Fla. 4th DCA 2007) (Public Defender may be compelled to turn over “records and transcripts which were prepared for his client at public expense”). And the Clerk does not dispute that an incarcerated defendant must receive a paper record for it…
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Antwaun Durell Simmons v. State, 40 So. 3d 874 (Fla. 3d DCA 2010)…rect that when a person is defended at public expense, the defendant is entitled to receive the records and transcripts which were created at public expense. Office of the Pub. Defender v. Madison, 961 So. 2d 1044 (Fla. 1st DCA 2007); Bush v. State, 947 So. 2d 685 (Fla. 4th DCA 2007); Ramos v. State, 757 So. 2d 616 (Fla. 3d DCA 2000); see also Baptiste v. Guffanti, 943 So. 2d 303 (Fla. 3d DCA 2006). If the SAPD has one or more of the items sought by the defendant, then the SAPD must either provide the defenda…
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Bush v. State of Fla. & Phillip J. Massa, 994 So. 2d 452 (Fla. 4th DCA 2008)…ourt reversed and remanded explaining that, as an agent of the state, Bush’s specially-appointed public defender could be compelled by mandamus to turn over his former client’s records and transcripts prepared at the public’s expense. Bush v. State, 947 So. 2d 685, 685-86 (Fla. 4th DCA 2007) (citing Ramos v. State, 757 So. 2d 616 (Fla. 3d DCA 2000)) (“Bush I”). [*453] On remand, pursuant to Bush I, Massa explained that he had relocated his office and misplaced Bush’s record. The trial court issued an order ex…
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
- Pearce v. Sheffey, 647 So. 2d 333 (Fla. 2d DCA 1994)
- Colon v. Irwin, 732 So. 2d 428 (Fla. 5th DCA 1999)
- Efrain Ramos v. State, 757 So. 2d 616 (Fla. 3d DCA 2000)