CopyCited 101 times | Published | Court of Appeals for the Eleventh Circuit | 2008 U.S. App. LEXIS 6090, 2008 WL 756348
...with not less than 3 years’ experience in the practice of criminal law, and . . . ha[s]
participated in at least five felony jury trials, five felony appeals, or five capital
postconviction evidentiary hearings or any combination of at least five of such
proceedings.” Fla. Stat. § 27.704(1)....
CopyCited 21 times | Published | District Court, N.D. Florida | 1996 U.S. Dist. LEXIS 11432, 1996 WL 447194
...ive years. See Fla.Stat. ง
27.701. On the other hand, full-time assistant capital collateral representatives must be "members in good standing of The Florida Bar with not less than 2 years experience in the practice of criminal law." Fla.Stat. ง
27.704(1)....
...ง
27.703, Fla.Stat. The head of CCR is appointed by the Governor, subject to Senate confirmation, for a 4-year term. ง
27.701, Fla.Stat. CCR is authorized to employ full-time staff attorneys, investigators, and necessary support personnel. ง
27.704(1), Fla.Stat....
...96-290, at sec. 11. The act became a law without the Governor's approval on May 30, 1996. [21] For example, Plaintiff disingenuously points out through his CCR counsel that even to the minimal extent that Florida sets competency standards in Florida Statutes Section 27.704 for the hiring of CCR counsel, CCR has blatantly circumvented those standards....
...[6] The deadlines to designate counsel have already passed for 25 of the 40 cases; the deadlines in the other 15 cases are approaching. [7] Unfortunately, I have been advised that these 2 new attorneys do not have the requisite 2 years criminal experience required by section 27.704(1)....
CopyCited 5 times | Published | Supreme Court of Florida | 2002 WL 243084
...because the right to capital postconviction counsel is a statutory right, [3] and the Legislature has provided explicit standards for assistant collateral capital counsel and for conflict counsel appointed in capital postconviction proceedings, see section 27.704, Fla....
...gent and unrepresented and not to a case in which the defendant has retained private counsel. NOTES [1] See, e.g., Ill. Sup.Ct. R. 714 (requiring all attorneys who handle capital cases to meet qualifications of the Capital Litigation Trial Bar). [2] Section
27.704, Florida Statutes (2000), specifically allows law school graduates who are not qualified to serve as "full-time assistant capital collateral counsel" to serve on the CCRCs legal staff but not serve as the sole counsel on a case. [3] See §
27.7001, Fla. Stat. (2000) (stating intent of Legislature to provide for the collateral representation of any person convicted and sentenced to death). [4] Section
27.704, Florida Statutes (2000), provides: Appointment of assistants and other staff....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 1997 U.S. App. LEXIS 35100
...filed, --- U.S.L.W. ---- (U.S. Aug. 14, 1997) (No.
97-5623).
least five felony jury trials, five felony appeals, or five capital postconviction evidentiary hearings,
or any combination of at least five of such proceedings" prior to court appointment); and §
27.704(1) (requiring full-time assistant capital collateral counsels to be members in good standing
of The Florida Bar, have three years of criminal law experience and meet the requirements of section
27.703(3))....
CopyPublished | Supreme Court of Florida
...forth in section
27.711(4)(d), Florida Statutes (2017).1
On December 12, 2017, the circuit court held a hearing on the motion for
fees. At the fee hearing, the circuit court questioned Cartenuto about whether he
met the statutory qualifications to be a designated attorney under section
27.704(2),
Florida Statutes....
...3d at 898. Whereas this Court reviews factual findings
for competent, substantial evidence. Fla. Dep’t of Fin. Servs. v. Freeman,
921 So.
2d 598, 601 (Fla. 2006).
In part, this case turns on which designated attorney qualifications apply
under section
27.704(2): those in force when Cartenuto was appointed in 2012 or
the current statutory qualifications....
...§
27.710(6) (“[A
registry attorney] may designate another attorney to assist him or her if the
designated attorney meets the qualifications of this section.”); see also
§
27.710(2). 2 The qualifications for registry and designated attorneys are set out in
section
27.704(2)....
...criminal law, and, prior to the contract, must have participated in at
least five felony jury trials, five felony appeals, or five capital
postconviction evidentiary hearings or any combination of at least five
of such proceedings.
§ 27.704(2), Fla....
...(2012) (emphasis added). A 2013 amendment increased the
qualifications for these attorneys, and the statute now reads:
A private counsel or public defender under contract with the regional
counsel must not be disqualified pursuant to s. 27.7045; must have at
least 3 years’ experience in the practice of criminal law; and, prior to
the contract, must have participated in at least two capital trials or
capital sentencing proceedings, five felony appeals, or five...
...postconviction evidentiary hearings, or any combination of at least
five of such proceedings.
2. An exception exists for unqualified pro bono attorneys, who may serve
“at the discretion of the capital collateral regional counsel.” § 27.704(3).
Therefore, for those unqualified designated attorneys attempting to become death
qualified by assisting registry attorneys, they must participate pro bono. See id.
-5-
§ 27.704(2) (emphasis added).3
In his Verified Motion, Cartenuto stated that he became the designated
attorney on Doorbal’s case in 2012....
...pute, we conclude that
the contractual and statutory qualifications in force at the time of appointment
apply to him. This reasoning is buttressed by the fact that both versions of the
statute determine qualifications “prior to the contract.” § 27.704(2). And the 2013
amendments did not take effect until July 1, 2013—the year after Cartenuto’s
designation and appointment. Ch. 2013-216, § 19, at 2613, Laws of Fla.
Therefore, the 2012 version of section 27.704(2) applies and controls here.
The only record evidence supports Cartenuto’s qualification under the 2012
statute, by demonstrating participation in “at least five felony jury trials.”
§ 27.704(2), Fla....
...jury trials.” JAC offered no evidence to rebut
these assertions. Moreover, the circuit court made no findings that would support
3. The statute incorrectly states that these attorneys are “under contract with
the regional counsel.” § 27.704(2)....
CopyPublished | Supreme Court of Florida
...forth in section
27.711(4)(d), Florida Statutes (2017).1
On December 12, 2017, the circuit court held a hearing on the motion for
fees. At the fee hearing, the circuit court questioned Cartenuto about whether he
met the statutory qualifications to be a designated attorney under section
27.704(2),
Florida Statutes....
...3d at 898. Whereas this Court reviews factual findings
for competent, substantial evidence. Fla. Dep’t of Fin. Servs. v. Freeman,
921 So.
2d 598, 601 (Fla. 2006).
In part, this case turns on which designated attorney qualifications apply
under section
27.704(2): those in force when Cartenuto was appointed in 2012 or
the current statutory qualifications....
...§
27.710(6) (“[A
registry attorney] may designate another attorney to assist him or her if the
designated attorney meets the qualifications of this section.”); see also
§
27.710(2). 2 The qualifications for registry and designated attorneys are set out in
section
27.704(2)....
...criminal law, and, prior to the contract, must have participated in at
least five felony jury trials, five felony appeals, or five capital
postconviction evidentiary hearings or any combination of at least five
of such proceedings.
§ 27.704(2), Fla....
...(2012) (emphasis added). A 2013 amendment increased the
qualifications for these attorneys, and the statute now reads:
A private counsel or public defender under contract with the regional
counsel must not be disqualified pursuant to s. 27.7045; must have at
least 3 years’ experience in the practice of criminal law; and, prior to
the contract, must have participated in at least two capital trials or
capital sentencing proceedings, five felony appeals, or five...
...postconviction evidentiary hearings, or any combination of at least
five of such proceedings.
2. An exception exists for unqualified pro bono attorneys, who may serve
“at the discretion of the capital collateral regional counsel.” § 27.704(3).
Therefore, for those unqualified designated attorneys attempting to become death
qualified by assisting registry attorneys, they must participate pro bono. See id.
-5-
§ 27.704(2) (emphasis added).3
In his Verified Motion, Cartenuto stated that he became the designated
attorney on Doorbal’s case in 2012....
...pute, we conclude that the
contractual and statutory qualifications in force at the time of appointment apply to
him. This reasoning is buttressed by the fact that both versions of the statute
determine qualifications “prior to the contract.” § 27.704(2). And the 2013
amendments did not take effect until July 1, 2013—the year after Cartenuto’s
designation and appointment. Ch. 2013-216, § 19, at 2613, Laws of Fla.
Therefore, the 2012 version of section 27.704(2) applies and controls here.
3. The statute incorrectly states that these attorneys are “under contract with
the regional counsel.” § 27.704(2)....
...Registry and designated attorneys are under
contract with JAC. §
27.710(4).
-6-
The only record evidence supports Cartenuto’s qualification under the 2012
statute, by demonstrating participation in “at least five felony jury trials.”
§
27.704(2), Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
...-
conviction counsel “to have participated in a least five felony jury trials, five felony
appeals, or five capital postconviction evidentiary hearings, or any combination of at
least five of such proceedings” prior to court appointment); and §
27.704(1) (requiring
full-time assistant capital collateral counsels to be members in good standing of The
Florida Bar, have three years of criminal law experience and meet the requirements of
section
27.703(3))....
