Martin County, Florida v. Makemson Okeechobee County, Florida v. Dennis, No. 86-636

CourtUnited States Supreme Court
Writing for the CourtWHITE
Citation107 S.Ct. 908,93 L.Ed.2d 857,479 U.S. 1043
PartiesMARTIN COUNTY, FLORIDA v. Robert MAKEMSON and Robert G. Udell; OKEECHOBEE COUNTY, FLORIDA v. Robert Lee DENNIS et al
Docket NumberNo. 86-636
Decision Date12 January 1987

479 U.S. 1043
107 S.Ct. 908
93 L.Ed.2d 857
MARTIN COUNTY, FLORIDA

v.

Robert MAKEMSON and Robert G. Udell; OKEECHOBEE COUNTY, FLORIDA v. Robert Lee DENNIS et al

No. 86-636

Supreme Court of the United States

January 12, 1987

On petition for writ of certiorari to the Supreme Court of Florida.

The petition for a writ of certiorari is denied.

Page 1044

Justice WHITE, dissenting.

Petitioners are two political subdivisions in the State of Florida that have filed a single petition for certiorari, under this Court's Rule 19.4, seeking review of two separate judgments of the Supreme Court of Florida. Both cases present the same federal constitutional question; I set forth the facts in Martin County v. Makemson only.

Respondent Robert Makemson was appointed under Florida law to represent a defendant charged with first-degree murder, kidnaping, and armed robbery. Respondent's representation of the defendant spanned a 9-month period, and upon completion of the task respondent petitioned the trial court, pursuant to Fla.Stat. § 925.036 (1985),* for attorney's fees in the amount of $9,500. Section 925.036(2)(d) establishes a limit of $3,500 on compensation to appointed attorneys who represent capital defendants at trial. Notwithstanding this provision, the state trial court awarded respondent the $9,500 he requested, declaring that " 'in setting rigid maximum fees without regard to the circumstances in each case[, § 925.036] is arbitrary and capricious and violates the due process clause of the United States and Florida Constitutions.' " 491 So.2d 1109, 1111 (1986). The Fourth District Court of Appeals quashed the trial court's order declaring § 925.036 unconstitutional and certified several pertinent questions to the Florida Supreme Court. 464 So.2d 1281 (1985). The Supreme Court held, inter alia, that the statute, while facially valid, was unconstitutional as applied to this case. The court reasoned:

"[W]e find that the statutory maximum fees, as inflexibly imposed in cases involving unusual or extraordinary circum-

Page 1045

stances, interfere with the defendant's sixth amendment right 'to have the assistance of counsel for his defense.' The statute, as applied to many of today's cases, provides for only token compensation. The availability of effective counsel is therefore called into question in those cases when it is needed most.

* * * * *

[Section 925.036] interferes with the sixth amendment right to counsel. . . . [W]e must not lose sight of the fact that it is the defendant's right to effective...

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115 practice notes
  • Harrison v. Bowen, No. 86-5168
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 3 Abril 1987
    ...to the MSPB. In Huber v. Merit Systems Protection Board, 793 F.2d 284 (Fed.Cir.1986), cert. denied, --- U.S. ----, 107 S.Ct. 907, 93 L.Ed.2d 857 (1987), the court held that an excepted employee could not appeal a dismissal under 5 U.S.C. Sec. 7513 to the MSPB because he is not an "employee"......
  • U.S. v. Beasley, Nos. 95-3362
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • 22 Enero 1997
    ...and even excluding the prior consistent statements the record established the defendant's guilt beyond a reasonable doubt), cert. denied, 479 U.S. 1043, 107 S.Ct. 906, 93 L.Ed.2d 856 Both defendants also contest the admission into evidence of the two knit masks found in the elevator pit of ......
  • Carlisle v. Philip Morris, Inc., No. 3-89-175-CV
    • United States
    • Court of Appeals of Texas
    • 6 Febrero 1991
    ...order. 1. Cipollone v. Liggett Group, Inc., 789 F.2d 181 (3rd Cir.1986) (Cipollone I), rev'g 593 F.Supp. 1146 (D.N.J.1984), cert. denied, 479 U.S. 1043, 107 S.Ct. 907, 93 L.Ed.2d 857 (1987), on remand, 649 F.Supp. 664 (D.N.J.1986), and 683 F.Supp. 1487 (D.N.J.1988), aff'd in part, 893 F.2d ......
  • Cipollone v. Liggett Group, Inc, No. 90-1038
    • United States
    • United States Supreme Court
    • 8 Octubre 1991
    ...identify the specific claims asserted by petitioner that were pre-empted by the Act. This Court denied a petition for certiorari, 479 U.S. 1043, 107 S.Ct. 907, 93 L.Ed.2d 857 (1987), and the case returned to the District Court for trial. Complying with the Court of Appeals mandate, the Dist......
  • Request a trial to view additional results
114 cases
  • Harrison v. Bowen, No. 86-5168
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 3 Abril 1987
    ...to the MSPB. In Huber v. Merit Systems Protection Board, 793 F.2d 284 (Fed.Cir.1986), cert. denied, --- U.S. ----, 107 S.Ct. 907, 93 L.Ed.2d 857 (1987), the court held that an excepted employee could not appeal a dismissal under 5 U.S.C. Sec. 7513 to the MSPB because he is not an "empl......
  • U.S. v. Beasley, Nos. 95-3362
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • 22 Enero 1997
    ...and even excluding the prior consistent statements the record established the defendant's guilt beyond a reasonable doubt), cert. denied, 479 U.S. 1043, 107 S.Ct. 906, 93 L.Ed.2d 856 Both defendants also contest the admission into evidence of the two knit masks found in the elevator pit of ......
  • Carlisle v. Philip Morris, Inc., No. 3-89-175-CV
    • United States
    • Court of Appeals of Texas
    • 6 Febrero 1991
    ...order. 1. Cipollone v. Liggett Group, Inc., 789 F.2d 181 (3rd Cir.1986) (Cipollone I), rev'g 593 F.Supp. 1146 (D.N.J.1984), cert. denied, 479 U.S. 1043, 107 S.Ct. 907, 93 L.Ed.2d 857 (1987), on remand, 649 F.Supp. 664 (D.N.J.1986), and 683 F.Supp. 1487 (D.N.J.1988), aff'd in part, 893 F.2d ......
  • Cipollone v. Liggett Group, Inc, No. 90-1038
    • United States
    • United States Supreme Court
    • 8 Octubre 1991
    ...identify the specific claims asserted by petitioner that were pre-empted by the Act. This Court denied a petition for certiorari, 479 U.S. 1043, 107 S.Ct. 907, 93 L.Ed.2d 857 (1987), and the case returned to the District Court for trial. Complying with the Court of Appeals mandate, the Dist......
  • Request a trial to view additional results

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