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Elders v. State

District Court of Appeal of Florida, Second District
Oct 31, 2001
805 So. 2d 925 (Fla. Dist. Ct. App. 2001)

Opinion

No. 2D01-1566

Opinion filed October 31, 2001.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Hendry County; G. Keith Cary, Acting Circuit Judge.


James Elders appeals an order that dismissed his motion for the trial court to conduct an in camera review of certain records pertinent to his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We treat this as a petition for writ of certiorari and grant the petition.

Elders was convicted of committing lewd and lascivious acts on children. In postconviction proceedings, Elders alleged the existence of reports, which contain exculpatory evidence, in the possession of the Department of Children and Family Services, formerly the Department of Health and Rehabilitative Services. Specifically, Elders alleged that Shirley Williams, a Department investigator, conducted interviews in the case and had serious reservations regarding the children's claims. In support of these allegations, Elders attached a report by another investigator, which references the Williams' investigation. Although it appears that Elders has a clear right to obtain any report by Williams,see § 39.202(2)(e), Fla. Stat. (2000), and that the trial court has the authority to conduct an in camera inspection to determine the postconviction issues pending before it, see § 39.202(2)(f), the trial court has rebuffed Elders' attempts to obtain a copy of the report or to have the trial court inspect it. We quash the order on review and direct the trial court to conduct an in camera inspection of the pertinent reports.

Petition granted; order quashed.

BLUE, C.J., and FULMER, J., Concur.


Summaries of

Elders v. State

District Court of Appeal of Florida, Second District
Oct 31, 2001
805 So. 2d 925 (Fla. Dist. Ct. App. 2001)
Case details for

Elders v. State

Case Details

Full title:JAMES ELDERS, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Oct 31, 2001

Citations

805 So. 2d 925 (Fla. Dist. Ct. App. 2001)

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