Florida/Georgia Personal Injury & Workers Compensation

...Accordingly, we affirm the postconviction court's denial of relief on these claims. Restriction on Right of Access to Public Records Without resorting to any case law for support, Wyatt essentially argues that *111 Florida Rule of Criminal Procedure 3.852 and section 27.7081, Florida Statutes (2006), [18] unconstitutionally restrict his right to public-records access under the Florida and United States Constitutions because both provisions impermissibly mandate that his demand for public records not be "overly broad or unduly burdensome" and that he make his own search for records. We disagree. Section 27.7081 and rule 3.852 pertain only to the production of records for capital postconviction defendants. See § 27.7081(13), Fla....

...These provisions do not prevent a capital defendant from making postconviction public records requests. In fact, upon the issuance of this Court's mandate, records relating to a capital defendant's case are automatically required to be delivered to the postconviction repository. § 27.7081(7)(b)(1), (3), Fla....

...As the Court has acknowledged, "rule 3.852 `is not intended to be a procedure authorizing a fishing expedition for records unrelated to a colorable claim for postconviction relief.'" Moore, 820 So.2d at 204 (quoting Glock v. Moore, 776 So.2d 243, 253 (Fla. 2001)). Likewise, section 27.7081 provides for nearly identical methods of access to public records in capital postconviction cases....

...We conclude the requirement that a defendant make a diligent search through records already produced and narrow his or her request to provide adequate notice to the agency from which he or she seeks information is reasonable in the context of capital postconviction claims. With respect to Wyatt's as-applied challenge to section 27.7081 and rule 3.852, he has not alleged any particular records that were sought but denied under either provision in his case....

...determined that: (1) in two separate capital postconviction proceedings a court held that counsel provided constitutionally deficient representation; and (2) in both of those postconviction proceedings, the defendant was granted relief. Ch. 2013-216, § 7, Laws of Fla. Section 27.7081: Capital Postconviction Public Records Production Section 27.7081 delineates several requirements for the collection, storage, destruction, and requests for the production of public records in capital postconviction proceedings....

...Const. 6. We further conclude that the disqualification provision of section 27.7045 applies to assistant public defenders because their qualifications are not constitutionally enumerated. - 33 -  Section 27.7081: Capital Postconviction Public Records Production The Petitioners next contend that the Legislature intended for amended section 27.7081 to displace Florida Rule of Criminal Procedure 3.852, which governs capital postconviction public records production, and therefore assert that the statute encroaches upon the exclusive authority of this Court to adopt rules of practice and procedure....

...unconstitutional to the extent of the conflict. Id. at 937 (we disapprove Salvador v. Fennelly, 593 So. 2d 1091, 1093 (Fla. 4th DCA 1992), to the extent that it is inconsistent with our decision today); see also Kirian, 579 So. 2d at 732. Section 27.7081 is substantially similar to Florida Rule of Criminal Procedure 3.852....

...imposed prior to October 1, 1998, and provides the procedure under which collateral counsel may request the production of supplemental public records after the signing of a warrant of execution for those defendants. Id. Despite the absence of language in amended section 27.7081, the corresponding provision of rule 3.852 is not affected by the Act. Amended section 27.7081(2) provides that the statute shall not be a basis for renewing public records requests that have been initiated previously or for relitigating issues pertaining to production of public records upon which a court has ruled before July 1, 2013....

...prior to October 1, 1998, the amended statute will not apply in any case in which the production of supplemental records is governed by rule 3.852(h). See Fla. R. Crim. P. 3.852(h). However, certain subdivisions of the rule overlap with the amended statute. First, section 27.7081(8)(c), titled “Demand for Additional Public Records,” states: “Within 60 days after receipt of the written demand, a person or agency may file with the trial court an objection to the written demand described in paragraph (a)....

...Legislature was aware that portions of the rule were intentionally excluded from the amendment to the statute. In that analysis, the Criminal Justice Subcommittee noted that, “[t]he portions of the Rule that are procedural in nature are not codified in s. 27.7081, F.S.” H.R. Subcomm. on Crim. Justice, Final Bill Analysis, H.R. 7083, at 5 n.41 (June 24, 2013). The Subcommittee also explained that the “bill amends s. 27.7081, F.S., to codify the majority of Rule 3.852 of the Florida Rules of Criminal Procedure, relating to the production of public records in capital postconviction proceedings.” Id....

...Instead, the amended statute is consistent with rule 3.852, but simply omits some procedures contained in the rule. To the extent that the Act omits procedural rights provided in rule 3.852, the rules of procedure established by this Court govern. Therefore, we conclude that section 27.7081 does not violate article II, section 3, of the Florida Constitution because it neither abrogates procedural rules, nor does it encroach upon this Court’s authority to adopt rules of practice and procedure. Section 27.70...

...Thomas Oakland, a psychologist.' The only witness presented by the State was Dr. Gregory Prichard, a clinical psychologist. In May 2013, the postconviction court entered a comprehensive order denying all claims. This appeal follows; ANALYSIS Public Records Williams alleges that section 27.7081, Florida Statutes (2008), 2 and Florida Rule of Criminal Procedure 3.852 are unconstitutional both facially and as applied because they prevent access to public records to which he is otherwise entitled under article I, section 24, of the Florida Constitution. We disagree. We have previously rejected similar facial constitutional challenges that assert section 27.7081 and rule 3.852 impermissi-bly restrict a capital defendant’s right to access public records....

...However, this purely speculative assertion fails to establish a Brady violation. Further, Williams has failed to demonstrate how the records retention policy of the DOC is unreasonable or violated his right of access to public records. We therefore affirm the denial of Williams’s as-applied constitutional challenge to section 27.7081 and rule 3.852....

...However, in subsequent cases, Williams has been, and will continue to be, referred to as Ronnie Keith Williams. . Although Williams referred to section 119.19 in his postconviction motion, effective October 1, 2005, section 119.19 was renumbered as section 27.7081....

...Subdivisions (e) through (g) are added to rule 3.989 (Affidavit, Petition, and Order to Expunge or Seal Forms) to provide corresponding forms. The amendments to rule 8.852 (Capital Postconviction Public Records Production) conform the rule to chapter 2013-216, section 8, Laws of Florida, which substantially reworded section 27.7081, Florida Statutes (2013)....

...(2) “Trial court” means: (A) the judge who entered the judgment and imposed the sentence of death; or (B) the judge assigned by the chief judge. *129 (B) “Records repository” means the location designated by the secretary of state pursuant to section 27.708142), Florida Statutes(2009), for archiving capital postconviction public records....

...The appellate mandate was issued on (enter date of mandate). It is the court’s intent to implement case management procedures that comport with the timeframes specified in Florida Rules of Criminal Procedure 3.851 and 3.852, and Florida Statute, section 27.7081; to enable the timely entry of - 45 - a final order within two years after the initial motion is filed....

...2011). Further, “the production of public records is not intended to be a ‘procedure authorizing a fishing expedition 3. Twilegar’s conviction and sentence of death were affirmed prior to July 1, 2013, and are therefore not governed by section 27.7081, Florida Statutes....

...Patrick, 104 So. 3d at 1055 n.2. 3. Patrick raised the following claims in his corrected rule 3.851 motion: (1) application of the one-year time limit of rule 3.851 to Patrick’s case violates his rights to due process and equal protection; (2) section 27.7081, Florida Statutes (2014), and Florida Rule of Criminal Procedure 3.852 are unconstitutional both facially and as applied because public records in the possession of state agencies have been withheld; (3) Patrick is being denied variou...

...weight). Patrick , 104 So.3d at 1055 n.2. Patrick raised the following claims in his corrected rule 3.851 motion: (1) application of the one-year time limit of rule 3.851 to Patrick's case violates his rights to due process and equal protection; (2) section 27.7081, Florida Statutes (2014), and Florida Rule of Criminal Procedure 3.852 are unconstitutional both facially and as applied because public records in the possession of state agencies have been withheld; (3) Patrick is being denied variou...

Procedure 3.851 and 3.852, and Florida Statute, section 27.7081; to enable the timely entry of a final order

...The appellate mandate was issued on (enter date of mandate). It is the court’s intent to implement case management procedures that comport with the timeframes specified in Florida Rules of Criminal Procedure 3.851 and 3.852, and Florida Statute, section 27.7081; to enable the timely entry of - 44 - a final order within two years after the initial motion is filed....

file a capital postconviction motion; (2) section 27.7081, Florida Statutes (2016), and Florida Rule

...Stat. (2014), the DOC filed a comment expressing concern that the defendant’s medical, psychological, and psychiatric records would be released 2. The “records repository” is the location designated by the secretary of state pursuant to section 27.7081(3), Florida Statutes (2014), for archiving capital postconviction public records....

...Following the repeal of rule 3.852 by the Legislature in 2000, the Court readopted rule 3.852 as it existed prior to the effective date of chapter 2000-3, Laws of Florida (2000). In re Rules Governing Capital Postconviction Actions, 763 So. 2d 273 (Fla. 2000). In 2013, the Legislature substantially reworded section 27.7081. See Ch. 2013-216, Laws of Fla. 3. The “records repository” is the location designated by the secretary of state pursuant to section 27.7081(3), Florida Statutes (2013), for archiving capital postconviction public records....