OFFICE OF CRIMINAL CONFLICT AND CIVIL REGIONAL COUNSEL, FIRST DISTRICT, PETITIONER,
v.
LEKRELL D. BRUNER, AND OFFICE OF THE STATE ATTORNEY, FOURTEENTH JUDICIAL CIRCUIT, RESPONDENTS
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The Office of Criminal Conflict and Civil Regional Counsel petitions this court for a writ of certiorari, challenging an order entered upon the circuit court’s appointment of this petitioner to represent a convicted *448felon in an evidentiary hearing under Florida Rule of Criminal Procedure 3.850. In appointing the petitioner, the circuit court declined to follow the precedent established in Deen v. Wilson, 1 So.3d 1179 (Fla. 5th DCA 2009), and improperly made the appointment in this collateral criminal proceeding without statutory authorization. That was a departure from the essential requirements of law, without an adequate remedy by later appeal, so as to warrant relief by certiorari. The petition is therefore granted, and the challenged order is quashed.
KAHN and VAN NORTWICK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Off. OF Crim. Conflict & Civil Reg'l Counsel v. Smith, 33 So. 3d 105 (Fla. 2d DCA 2010)…to both the Fifth District’s and the First District’s Office of Criminal Conflict and Civil Regional Counsel in Deen v. Wilson, 1 So. 3d 1179 (Fla. 5th DCA 2009), and Office of Criminal Conflict and Civil Regional Counsel, First District v. Bruner, 19 So. 3d 447 (Fla. 1st DCA 2009). In Deen, 1 So. 3d 1179, the Fifth District considered orders in four trial court cases that had appointed Regional Counsel to represent defendants in postconviction proceedings and had denied Regional Counsel’s motions to withd…
Authorities Cited
- Deen v. Issac Densil Wilson, 1 So. 3d 1179 (Fla. 5th DCA 2009)