DALE BROWN, 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.
The court held that an incarcerated indigent defendant has a clear legal right to obtain, without charge for copying, transcripts and other record documents prepared at public expense, and mandamus is an appropriate remedy to compel former public defenders to provide them.
[1] Mandamus is an appropriate remedy to compel a public defender or court-appointed attorney to provide an indigent defendant with copies of legal documents prepared at publ…
[2] Transcripts and record documents prepared at public expense for an indigent defendant must be provided to the defendant without charge for copying.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceAppellant, an incarcerated indigent defendant, sought a writ of mandamus to compel his former public defender and appointed special public defender to…
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 Indigent Defendants cases and more on FLexlaw
Appellant, Dale Brown, appeals the summary denial of his petition for writ of mandamus. We reverse.
Appellant filed a petition for writ of mandamus below, requesting that the trial court order his former public defender and former appointed special public defender to provide him with copies of various documents from his underlying criminal case. The requested documents included, among others, charging documents, police reports, transcripts, sentencing paperwork, and appellant’s attorneys’ files. Appellant alleged that he is incarcerated, that he has been declared indigent, and that he needs the documents to prepare legal motions. The trial court summarily denied the petition, prompting this appeal.
An appellate court applies an abuse of discretion standard of review to a trial court’s decision on a petition for writ of mandamus. Ilkhani v. Lamberti, 50 So.3d 1180,1181 (Fla. 4th DCA 2010).
Mandamus is a remedy used to enforce an established legal right by compelling a person in an official capacity to perform an indisputable ministerial duty *1196required by law. Poole v. City of Port Orange, 33 So.3d 739, 741 (Fla. 5th DCA 2010). If a petition for writ of mandamus shows a prima facie case for relief, the court shall issue an alternative writ in mandamus to which the defendant in the mandamus proceeding shall respond as provided in Florida Rule of Civil Procedure 1.140. Parish v. State, 59 So.3d 1229, 1230 (Fla. 4th DCA 2011); Fla. R. Civ. P. 1.630(d)(3).
Transcripts or record documents that were prepared at public expense on behalf of an indigent defendant must be provided to the defendant without charge for copying. Rosado v. State, 1 So.3d 1147, 1148 (Fla. 4th DCA 2009). Because a public defender or court-appointed lawyer is an “official,” mandamus is an appropriate remedy to compel such an official to provide a defendant with copies of legal documents prepared at public expense. Pearce v. Sheffey, 647 So.2d 333, 333 (Fla. 2d DCA 1994). By contrast, “[fjiles prepared and maintained by an attorney for the purpose of representing a client are the attorney’s personal property.” Potts v. State, 869 So.2d 1223,1225 (Fla. 2d DCA 2004). Apart from transcripts or record documents prepared on the defendant’s behalf at public expense, the defendant’s attorney cannot be required to provide other documents that are in the case file without adequate compensation. Id.
Here, appellant is incarcerated and was represented in his underlying criminal case by a public defender and an appointed special public defender. His petition for mandamus set forth a prima facie case for relief on the ground that he has a clearly established legal right to compel his trial attorneys to provide him with transcripts and other record documents obtained on his behalf at public expense.
Accordingly, we reverse the trial court’s denial of appellant’s petition for mandamus and remand for the trial court to issue an alternative writ in mandamus. Specifically, the trial court should order a response from appellant’s attorneys “to determine what, if anything, must be provided to [appellant] and likewise to determine what is available if [appellant] wishes to purchase a copy.” Raymond v. State, 31 So.3d 946, 948 (Fla. 2d DCA 2010). Unless appellant’s attorneys show cause as to why relief should not be granted, the trial court shall grant the petition to the extent that the petition requests transcripts or other record documents obtained on appellant’s behalf at public expense. Rosado, 1 So.3d at 1148. The trial court, however, shall deny the petition to the extent that it requests free copies of other documents contained in appellant’s attorneys’ files that were not obtained at the public’s expense,1 and shall also deny the petition to the extent that it requests documents that are not contained in his attorneys’ files.
Reversed and Remanded.
MAY, C.J., and CIKLIN, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
-
Fla. Agency for Health Care Admin. v. Zuckerman Spaeder, LLP, 221 So. 3d 1260 (Fla. 1st DCA 2017)
-
Bd. OF Cnty. Comm'rs Broward Cnty. Fla. v. Parrish, 154 So. 3d 412 (Fla. 4th DCA 2014)
-
Hollis v. Massa, 211 So. 3d 266 (Fla. 4th DCA 2017)
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Poole v. City OF Port Orange & MHK of Volusia, 33 So. 3d 739 (Fla. 5th DCA 2010)
- Potts v. State, 869 So. 2d 1223 (Fla. 2d DCA 2004)
- Pearce v. Sheffey, 647 So. 2d 333 (Fla. 2d DCA 1994)
- Rosado v. State, 1 So. 3d 1147 (Fla. 4th DCA 2009)
- Gerry Parish v. State, 59 So. 3d 1229 (Fla. 4th DCA 2011)
- Ilkhani v. Al Lamberti, 50 So. 3d 1180 (Fla. 4th DCA 2010)
- Junior Raymond v. State, 31 So. 3d 946 (Fla. 2d DCA 2010)
- Stringer v. State, 31 So. 3d 946 (Fla. 2d DCA 2010)