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Public Defender v. Madison

District Court of Appeal of Florida, First District
Jul 20, 2007
961 So. 2d 1044 (Fla. Dist. Ct. App. 2007)

Opinion

No. 1D06-1746.

July 20, 2007.

An appeal from the Circuit Court for Duval County. Bernard Nachman, Judge.

Bill White, Public Defender, and Ward L. Metzger, Assistant Public Defender, Jacksonville, for Appellant.

Appellee William Rodney Madison, pro se.


Once the Office of the Public Defender's representation of an indigent defendant ends, the office must, upon request, surrender any trial transcripts in its possession to the defendant. See Pearce v. Sheffey, 647 So.2d 333 (Fla. 2d DCA 1994) (finding public defender must relinquish transcript to petitioner upon conclusion of underlying appeal); Thompson v. Unterberger, 577 So.2d 684 (Fla. 2d DCA 1991) (finding petitioner entitled to transcripts in possession of his former public defender); see also Davis v. State, 861 So.2d 1214, 1216 (Fla. 2d DCA 2003) ("[M]andamus is a proper means to compel a public defender to furnish a defendant with such transcripts."). A public defender, however, is under no legal duty to provide copies of trial transcripts to an indigent defendant while still representing the defendant on direct appeal. Accordingly, we REVERSE the trial court's grant of mandamus.

KAHN, LEWIS and HAWKES, JJ., concur.


Summaries of

Public Defender v. Madison

District Court of Appeal of Florida, First District
Jul 20, 2007
961 So. 2d 1044 (Fla. Dist. Ct. App. 2007)
Case details for

Public Defender v. Madison

Case Details

Full title:OFFICE OF the PUBLIC DEFENDER; Fourth Judicial Circuit of Florida…

Court:District Court of Appeal of Florida, First District

Date published: Jul 20, 2007

Citations

961 So. 2d 1044 (Fla. Dist. Ct. App. 2007)

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