STEVENSON CHARLES, PETITIONER,
v.
THE STATE, OF FLORIDA, RESPONDENT

Fla. 3d DCA | 2016-04-13
No. 3D16-509
Before SUAREZ, C.J., and WELLS and SHEPHERD, JJ.
193 So. 3d 31 Florida District Court of Appeal, Third District (2016) Positive Treatment
Cited by 13 cases

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.

Synopsis

Stevenson Charles sought certiorari review to prevent disclosure of reports from non-testifying defense forensic experts, claiming compelled disclosure would violate his Sixth Amendment right to effective assistance of counsel. The Third District Court of Appeal dismissed the petition, holding that certiorari was premature because the trial court had merely deferred ruling on the discovery issue pending completion of the tests and in camera review.


Holding

The court dismissed the petition because Charles could not establish the requisite prongs for certiorari relief. The trial court's deferral of the discovery ruling was neither a departure from the essential requirements of law nor an injury that could not be corrected on appeal, as the trial court had not yet issued a final ruling on the protective order.


Headnotes

[1] Certiorari is an extraordinary remedy and is not a substitute for a regular appeal.

[2] A petition for certiorari may be granted only upon a showing of a departure from the essential requirements of law, resulting in material injury that cannot be corrected…

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Key Quotes

“certiorari is an extraordinary remedy and [it] should not be used to circumvent the interlocutory appeal rule which authorizes appeal from only a few types of non-final orders.”

Establishes the limited scope of certiorari and prohibition against using it to bypass normal appeal procedures for non-final orders.

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Facts & Procedural History

Charles requested a protective order to shield anticipated test findings and reports from defense forensic experts from required disclosure to the Sta…

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Opinion of the Court
SUAREZ, C.J.'

ON PETITION FOR CERTIORARI

SUAREZ, C.J.'

Stevenson- Charles seeks certiorari review of the trial court’s order denying his motion for protective -order in which he asked the court to preclude the compelled disclosure of any and all reports and fmdT ings from any and all tests that may be conducted by non-testifying defense foren*32sic experts. Charles seeks to have any-anticipated test findings and reports shielded from required disclosure to the State because, he argues, such compelled disclosure would violate his rights to effective assistance of counsel under the Sixth Amendment.1 The circuit court order deferred ruling on this discovery issue until after the tests at issue are completed and the court has had an opportunity to review the reports in camera. We dismiss the petition as the defendant cannot show that this order is a departure from the law resulting in irreparable harm.

Certiorari is an extraordinary remedy that is available only in limited circumstances. Certiorari is not a substitute for an appeal. See Cotton States Mut. Ins. v. D’Alto, 879 So.2d 67 (Fla. 1st DCA 2004). As the Florida Supreme Court has explained, “ ‘certiorari is an extraordinary remedy and [it] should not be used to circumvent the interlocutory appeal rule which authorizes appeal from only a few types of non-final orders.”’ Belair v. Drew, 770 So.2d 1164, 1166 (Fla.2000) (quoting Martin-Johnson, Inc. v. Savage, 509 So.2d 1097, 1098 (Fla.1987)). This Court may grant a petition for certiorari “only when the petitioner establishes (1) a departure from the essential requirements of the law, (2) resulting in material injury for the remainder of the trial (3) that cannot be corrected on post-judgment appeal.” Capital One, N.A. v. Forbes, 84 So.3d 209, 212 (Fla. 2d DCA 2010). First, this Court examines prongs two and three to determine its certiorari jurisdiction. Holden Cove, Inc. v. 4 Mac Holdings Inc., 948 So.2d 1041 (Fla. 5th DCA 2007); Barker v. Barker, 909 So.2d 333 (Fla. 2d DCA 2005). If jurisdictional prongs two and three are not fulfilled, this Court should dismiss the petition rather than deny it. Capital One, N.A., 34 So.3d at 212. See also Travelers Indem. Co. v. Fields, 262 So.2d 222, 224 (Fla. 1st DCA 1972) (certio-rari review premature on discovery issue where the trial court had not yet conducted in camera review); Southern Baptist Hosp. of Florida, Inc. v. Charles, 178 So.3d 102, 107 (Fla. 1st DCA 2015) (certio-rari review should not promote piecemeal review of non-final trial court orders). These general principles governing the use of certiorari apply in criminal cases as well as civil cases. See State v. Pettis, 520 So.2d 250 (Fla.1988).

Here the trial court has not ruled on the discovery issue. The trial court’s order merely defers ruling on the discovery issue until such time as the reports at issue are completed and the court has had an opportunity to review'the materials in camera. Then the trial court will make a ruling. The trial court’s ruling is not a departure from the essential requirements of the law and does not result in material injury that the defendant cannot correct on appeal. Therefore, there is no basis upon which to issue a writ of certiorari.

Petition dismissed.


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Citator

Cited By (11 total)

  • Dade Truss Co. v. Beaty, 271 So. 3d 59 (Fla. 3d DCA 2019)
  • Am. Prime Title Servs., LLC v. ZHI Wang, 317 So. 3d 1183 (Fla. 3d DCA 2021)
  • Avatar Prop. & Cas. Ins. Co. v. Mitchell, 314 So. 3d 640 (Fla. 3d DCA 2021)
    …al court ordered dissemination of both the report and unredacted photographs. The instant petition ensued. LEGAL ANALYSIS ---PAGE 3--- “Certiorari is an extraordinary remedy that is available only in limited circumstances.” Charles v. State, 193 So. 3d 31, 32 (Fla. 3d DCA 2016). It is warranted only “when a nonfinal order: (1) cannot be remedied on postjudgment appeal, (2) results in material injury for the remainder of the case, and (3) departs from the essential requirements of law.” A.H. v. D…

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