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Date: 06-19-2022
Case Style:
Courtney Jerico Preston vs State of Florida
Case Number: 1D21-0904
Judge:
Robert E. Long, Jr.
James M. Colaw
Court:
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
On appeal from The Circuit Court for Alachua County
Plaintiff's Attorney: Ashley Moody, Attorney General, and Daren L. Shippy, Assistant
Attorney General
Defendant's Attorney:
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Description:
Tallahassee, Florida - Criminal Defense lawyer represented defendant with appealing the denial of his motion to obtain a transcript.
Postconviction discovery is not “automatically allow[ed]” and
instead “it is within the trial judge's inherent authority to allow
limited prehearing discovery during postconviction proceedings.”
Rodriguez v. State, 919 So. 2d 1252, 1279 (Fla. 2005). That
authority “should be used only upon a showing of good cause,”
State v. Lewis, 656 So. 2d 1248, 1249 (Fla. 1994), and is limited to
matters which are “relevant and material.” Rodriguez, 919 So. 2d
at 1279. Nothing can be relevant or material when there is no
postconviction proceeding. Florida courts have held the same on
the similar question of a defendant’s entitlement to a pre-motion
transcript of their trial. Cassoday v. State, 237 So. 2d 146 (Fla.
1970); Carr v. State, 495 So. 2d 282, 282 (Fla. 2d DCA 1986) (“[A]
prisoner seeking post-conviction relief must first prepare and file
his motion before he may secure those portions of the record
relevant to that motion.”). The trial court had no authority to order
production of documents in postconviction without a live case or
controversy
Outcome: AFFIRMED
Plaintiff's Experts:
Defendant's Experts:
Comments: