Heath v. Becktell

Decision Date14 January 1976
Docket NumberNo. 47240,47240
Citation327 So.2d 3
PartiesClyde L. HEATH, Clerk of Circuit Court of Broward County, Florida, Petitioner, v. Wada Sue BECKTELL, Respondent.
CourtFlorida Supreme Court

Philip S. Shailer, State Atty., and Jon H. Gutmacher, Asst. State Atty., for petitioner.

Warner S. Olds, Public Defender, and William W. Herring, Asst. Public Defender, for respondent.

ROBERTS, Justice.

This cause is before us on certiorari granted to review the decision of the District Court of Appeal, Fourth District, which affects a class of constitutional officers, thus vesting jurisdiction in this Court pursuant to Article V, Section 3(b)(3), Constitution of Florida.

On November 18, 1974, the Chief Judge of the Seventeenth Judicial Circuit entered an administrative order which provides, as follows:

'THIS MATTER having come before the undersigned Chief Judge upon the written presentation of Philip S. Shailer, State Attorney of this Circuit, advising the Court of the facts contained hereinbelow; and the Court finding that the Clerk of this Court (and also in his capacity as Clerk of the County Court) has been issuing subpoenas duces tecum for discovery depositions in criminal cases upon praecipe of the various assistant public defenders and other defense counsel; and the Court finding no authority in Rule 3.220(d), RCrP, for a discovery deposition subpoena to additionally compel that the witness bring with him any reports, documents, or other evidence of whatever kind or form; and the Court further finding that subsection (a)(1) of that same Rule 3.220 provides the manner and means by which the defense may discover materials in criminal cases; and the Court further having received the response of the Public Defender in opposition to the State Attorney's presentation in this regard and finding same to cite no legal authority to the contrary; and the Court further having been advised that the Judges of the Criminal Division of the Circuit Court are unanimously in accord with the State's legal position and with the Administrative Order herein entered, it is thereupon accordingly

'ORDERED AND ADJUDGED:

'1. That the Clerk of the Courts of this Circuit, and his Deputy Clerks, shall forthwith cease issuing, and they are hereby prohibited from issuing, subpoenaes duces tecum for discovery depositions in criminal cases upon praecipe of defense counsel. Any subpoena for discovery deposition which additionally seeks to compel the witness to bring with him any reports, documents, or other evidence shall, upon presentation for issuance by defense counsel, be declined and returned to him or his office.

'2. Nothing herein shall preclude the issuance of such a duces tecum subpoena for discovery deposition when ordered by a Judge after Motion, Notice and Hearing thereon pursuant to subsection (a)(5) of Rule 3.220, in which event the paecipe and proposed subpoena duces tecum, when presented to the Clerk for issuance, shall have attached thereto a true copy of the Court's Order directing the issuance of same.'

Respondent was the defendant in a criminal case in Broward County. She was acquitted of the criminal charges against her before the decision of the District Court here under review was rendered. The instant cause revolves around the following facts. After being informed against, respondent filed and served the State Attorney with notice of taking the deposition of Lt. Farinato of the Broward County's Sheriff's Department, and also attempted to file a...

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22 cases
  • Brown v. Firestone
    • United States
    • Florida Supreme Court
    • March 13, 1980
    ...been, and will continue to be, employed sparingly. Shevin ex rel. State v. Public Service Comm'n, 333 So.2d 9 (Fla.1976); Heath v. Becktell, 327 So.2d 3 (Fla.1976); Dickinson v. Stone, 251 So.2d 268 (Fla.1971). Hence future attempts to invoke this Court's jurisdiction on similar grounds wil......
  • Adams v. State
    • United States
    • Florida District Court of Appeals
    • April 23, 1990
    ...the particular action sought, the respondents have a clear legal duty of performance, and no other adequate remedy exists. Heath v. Becktell, 327 So.2d 3, 4 (Fla.1976); Holland v. Wainwright, 499 So.2d 21 (Fla. 1st DCA 1986); Hall v. Key, 476 So.2d 787, 788 (Fla. 1st DCA 1985). While the wr......
  • Britt v. Chiles
    • United States
    • Florida Supreme Court
    • September 25, 1997
    ...authority to award or forfeit gain-time based on a prisoner's behavior. See Hatten v. State, 561 So.2d 562 (Fla.1990); Heath v. Becktell, 327 So.2d 3 (Fla.1976). We now address the petition as it pertains to the department. At the time Britt committed his offense, incentive gain time was go......
  • Hatten v. State, 74694
    • United States
    • Florida Supreme Court
    • May 3, 1990
    ...performance of a clear legal duty by a public officer and that he has no other legal remedies available to him. See, e.g., Heath v. Becktell, 327 So.2d 3 (Fla.1976). It is clear that an indigent state defendant has the constitutional right to the effective assistance of counsel on appeal. S......
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