RALPH MONROE
v.
STATE OF FLORIDA
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An indigent defendant represented by private pro bono counsel is not entitled to file ex parte motions pertaining to the appointment and costs of experts, mitigation specialists, and investigators with service only to the Justice Administrative Commission and notice to the State Attorney's Office.
[1] An indigent defendant represented by private pro bono counsel may not file ex parte motions regarding the appointment and costs of experts, mitigation specialists, and in…
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Join FLexlaw to unlock all legal intelligenceRalph Monroe, an indigent defendant represented by private pro bono counsel, sought a writ of certiorari regarding his right to file certain motions e…
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RALPH MONROE, Petitioner, v. STATE OF FLORIDA, Respondent. ___________________________/ IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
CASE NO. 1D16-4672
Opinion filed July 24, 2017.
Petition for Writ of Certiorari. Michael Ufferman, Tallahassee, for Petitioner. Pamela Jo Bondi, Attorney General, and Trisha Meggs Pate, Tallahassee Bureau Chief, Criminal Appeals, Tallahassee, for Respondent. PER CURIAM.
As the issue raised in the instant petition has been considered and rejected by this Court in Andrews v. State, -- So. 3d --, 42 Fla. L. Weekly D990, 2017 WL 1655247 (Fla. 1st DCA May 2, 2017), we deny the petition. However, as we did in Andrews, we certify the following question as one of great importance:
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WHETHER AN INDIGENT DEFENDANT WHO IS REPRESENTED BY PRIVATE COUNSEL PRO BONO IS ENTITLED TO FILE MOTIONS PERTAINING TO THE APPOINTMENT AND COSTS OF EXPERTS, MITIGATION SPECIALISTS, AND INVESTIGATORS EX PARTE AND UNDER SEAL, WITH SERVICE TO THE JUSTICE ADMINISTRATIVE COMMISSION AND NOTICE TO THE STATE ATTORNEY'S OFFICE, AND TO HAVE ANY HEARING ON SUCH MOTIONS EX PARTE, WITH ONLY THE DEFENDANT AND THE COMMISSION PRESENT.
PETITION DENIED.
LEWIS, ROBERTS, and BILBREY, JJ., CONCUR.