EMANUEL JOHNSON, 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 granted the State's motion to prohibit the Office of Capital Collateral Regional Counsel from representing the appellant in non-capital postconviction appeals, holding that CCRC lacks statutory authority to collaterally challenge noncapital convictions.
The Office of Capital Collateral Regional Counsel is not expressly authorized under Florida Statutes sections 27.7001 et seq. to collaterally challenge a noncapital conviction.
[1] The Office of Capital Collateral Regional Counsel lacks statutory authority under Florida Statutes sections 27.7001 et seq. …
Previewing 1 of 1 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“[W]e conclude that CCRC is not expressly authorized under the applicable statutes to collaterally challenge a noncapital conviction.”
Florida Supreme Court's holding in State v. Kilgore, 976 So. 2d 1066 (Fla. 2007), upon which the court relied.
The appellant sought representation by the Office of Capital Collateral Regional Counsel in two nonsummary postconviction appeals (2D10-5481 and 2D10-…
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 Collateral Challenge cases and more on FLexlaw
ORDER ON APPELLEE’S MOTION TO PROHIBIT THE OFFICE OF CAPITAL COLLATERAL REGIONAL COUNSEL FROM REPRESENTING APPELLANT IN THIS NON-CAPITAL APPEAL
The State of Florida has filed a motion to prohibit the Office of Capital Collateral Regional Counsel — Middle Region (CCRC) from representing the appellant in non-summary postconviction appeal 2D10-5481. We treat the motion as filed in nonsummary postconviction appeal 2D10-5482 as well, as the two appeals are traveling together. Relying on the Florida Supreme Court’s construction of sections 27.7001 et seq., Florida Statutes, in State v. Kilgore, 976 So.2d 1066 (Fla.2007), we grant the State’s motion. See id. at 1070 (“[W]e conclude that CCRC is not expressly authorized under the applicable statutes to collaterally challenge a noncapital conviction.”). CCRC is hereby discharged as appellant’s counsel in both appeals.
Within twenty days of this order, the circuit court shall issue an order either appointing public counsel for the appellant or concluding that appointment of counsel is not constitutionally required, see Graham v. State, 372 So.2d 1363 (Fla.1979); Rowe v. State, 111 So.2d 1088 (Fla. 2d DCA 2001), and shall file a copy of the order in this court, with service on the parties.
CASANUEVA, C.J., and KELLY and WALLACE, Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- The Petition of Andrew A. Graham v. State, 372 So. 2d 1363 (Fla. 1979)
- State v. Kilgore, 976 So. 2d 1066 (Fla. 2007)