PERRY DEAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Perry Deas, an inmate serving a life sentence, appealed the trial court's denial of his public records request for a sentencing transcript he claimed was Brady material. The court affirmed the denial because Deas failed to indicate in his initial request that he was willing to pay for the records, though it left open the possibility for him to renew his request with payment tendered.
A prisoner has no right to free transcripts for use in preparing a post-conviction motion. The trial court properly denied Deas' request because he failed to advise the court of his willingness to pay the costs, though Deas may renew his request by tendering the required payment.
[1] A prisoner is entitled to an accelerated hearing on a petition requesting access to public records under the public records act.
[2] A court shall set an immediate hearing, giving priority over other pending cases, whenever an action is filed to enforce the provisions of the public records chapter.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the trial court correctly recognized that prisoners have no right to free transcripts for use in preparation of a post-conviction motion”
Establishes the core holding that incarcerated individuals cannot receive state-funded copies of public records for post-conviction proceedings.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePerry Deas is serving a life sentence following his conviction for first-degree murder. He requested public records—specifically the transcript of sen…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Public Records Request cases and more on FLexlaw
STONE, J.
Perry Deas appeals the trial court’s denial of his public records request.
Deas is currently serving a life sentence following his conviction for first-degree murder. He seeks an order compelling production of public records pursuant to section 119.01, Florida Statutes (2006). Deas requested an order requiring the state to produce the transcript for the sentencing hearing of Alton Hobbs, a witness who testified at Deas’ trial. Deas alleged that the state violated Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), in failing to disclose evidence of a deal with Hobbs that could have been used to impeach the state’s witness.
In Woodfaulk v. State, 935 So. 2d 1225, 1226 (Fla. 5th DCA 2006), the court recognized that a prisoner is entitled, under the public records act, to an accelerated hearing on a petition requesting access to public records under the statute. Section 119.11(1), Florida Statutes, provides: “Whenever an action is filed to enforce the provisions of this chapter, the court shall set an immediate hearing, giving the case priority over other pending cases.”
Deas requested that his public records request be set for hearing within a reasonable amount of time. Deas, however, failed to state in his request that he is willing to pay for all requested records. The trial court, without a hearing, denied the motion on the ground that Deas was not entitled to state-funded copies to assist him in preparing for post-conviction relief.
The trial court correctly recognized that prisoners have no right to free transcripts for use in preparation of a post-conviction motion. See Woodfaulk, 935 So. 2d at 1227. On appeal, Deas asserts he is willing to pay for the requested records. We note that in Woodfaulk, the court explicitly recognized that Woodfaulk’s affidavit advised the trial court that he was willing to pay the costs. Id. at 1225.
As Deas did not advise the trial court of his willingness to pay the costs, we find no abuse of discretion and affirm, without prejudice to Deas’ right to again seek the public records by tendering the required payment.
STEVENSON and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Hoover v. Parker, 114 So. 3d 991 (Fla. 5th DCA 2012)…■ PER CURIAM. Affirmed without prejudice to the right of the appellant to again seek the public records he desires by tendering the required payment. See Deas v. State, 985 So. 2d 69 (Fla. 4th DCA 2008). AFFIRMED. PALMER and JACOBUS, JJ., and MONACO, D.A., Senior Judge, concur.…
-
Arick Burkett v. State, 152 So. 3d 787 (Fla. 1st DCA 2014)…3d 277, 278 (Fla. 5th DCA 2014) .(explaining that Lewis does “not extend the right to free copies to indigents beyond the direct appeal of judgment and sentence and transcripts of evi-dentiary hearings held on postconviction claims”); Deas v. State, 985 So. 2d 69, 70 (Fla. 4th DCA 2008) (“[PJrisoners have no right to free transcripts for use in preparation of a post-conviction motion.”); Woodfaulk v. State, 935 So. 2d 1225, 1226-27 (Fla. 5th DCA 2006) (“Indigent prisoners may obtain free copies and services…
Authorities Cited
- Brady v. Maryland, 373 U.S. 83 (U.S. 1963)
- Woodfaulk v. State, 935 So. 2d 1225 (Fla. 5th DCA 2006)