Walton v. Dugger, s. 76695

• Citation: 634 So.2d 1059
• Decision Date: 27 May 1993
• Docket Number: 78070,Nos. 76695,s. 76695
• Court: United States State Supreme Court of Florida
• Parties: Jason Dirk WALTON, Petitioner, v. Richard L. DUGGER, etc., Respondent. Jason Dirk WALTON, Appellant, v. STATE of Florida, Appellee.

Page 1059

634 So.2d 1059

Jason Dirk WALTON, Petitioner, v. Richard L. DUGGER, etc., Respondent.

Jason Dirk WALTON, Appellant, v. STATE of Florida, Appellee.

Nos. 76695, 78070.

Supreme Court of Florida.

May 27, 1993.

Rehearing Denied Aug. 12, 1993.

Larry Helm Spalding, Capital Collateral Representative, Martin J. McClain, Chief Asst. Capital Collateral Representative and Mark A. Evans, Kenneth D. Driggs and M. Elizabeth Wells, Asst. Capital Collateral Representatives, Office of the Capital Collateral Representative, Tallahassee, for petitioner/appellant.

Robert A. Butterworth, Atty. Gen., and Robert J. Krauss, Asst. Atty. Gen., Tampa, for respondent/appellee.

PER CURIAM.

Jason Dirk Walton, a prisoner under a sentence of death, seeks post-conviction relief. He appeals the trial court's denial of his Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief and petitions this Court for a writ of habeas corpus. We have jurisdiction. Art. V, Sec. 3(b)(1), (9), Fla.Const. For the reasons expressed, we relinquish jurisdiction to the trial court to reexamine Walton's public records request consistent with the directives set forth in this opinion and, pending resolution of that examination, we reserve ruling on the remaining issues raised by Walton before this Court.

Walton was convicted and sentenced to death for the execution-style murders of three individuals that occurred during a robbery and burglary. Four individuals were implicated in the murders and were tried separately. At Walton's trial, the evidence reflected that, although Walton was not the shooter, he was involved in the premeditated plan to kill the victims. The facts surrounding the murders are set forth in more detail in Walton v. State, 481 So.2d 1197 (Fla.1985) (Walton I), and Walton v. State, 547 So.2d 622 (Fla.1989), cert. denied, 493 U.S. 1036, 110 S.Ct. 759, 107 L.Ed.2d 775 (1990) (Walton II ).

In Walton I, we affirmed Walton's convictions but remanded the cause for a new sentencing hearing. We determined in that case that Walton had not been afforded an opportunity to confront two codefendants whose confessions were presented during the original penalty phase proceeding. On resentencing, Walton again received the death penalty, and we subsequently affirmed that sentence in Walton II.

After the Governor signed a death warrant on September 24, 1990, this Court issued a stay. Walton filed a petition for writ of habeas corpus with this Court and sought relief under rule 3.850 before the circuit court. After an evidentiary hearing was conducted by the circuit court on Walton's ineffective assistance of counsel claims, the judge entered an order denying relief and this appeal followed.

Walton raises a total of fourteen issues in his appeal and habeas petition. ¹ Under the first issue, Walton contends that, after his conviction and sentence became final, he made a public records request under chapter 119, Florida Statutes (1989), to the Pinellas County Sheriff and State Attorney for all records relating to his case. Walton further contends that at least part of that request was refused based on several statutory exemptions. Consequently, he asserts that it is impossible for him to fully investigate and plead all claims or to know if other claims exist. In the order partially granting and partially denying Walton's request for a rule 3.850 post-conviction evidentiary hearing, the circuit judge summarily ruled that the inability to access the files and records was not an appropriate subject for post-conviction review.

The State argues that a request for access to public records is not a claim susceptible to 3.850 relief because the claim does not go to the constitutional validity of the judgment or sentence. According to the State, the proper relief for such a claim should be sought before the trial court through a motion to compel disclosure. Because no such motion was filed in this case, the State now argues that the public records issue is not properly before this Court. Alternatively, the State argues that even if such a claim is properly raised in a 3.850 motion, Walton is not entitled to all of the records he requested.

Before the trial court ruled on this issue, this Court had expressly held that capital post-conviction defendants are entitled to chapter 119 records disclosure and that denial of such a request may be properly considered in rule 3.850 post-conviction relief proceedings. State v. Kokal, 562 So.2d 324 (Fla.1990); Provenzano v. Dugger, 561 So.2d 541 (Fla.1990). As we stated in Provenzano,

where a defendant's prior request for the state attorney's file has been denied, we believe that it is appropriate for such a request to be made as part of a motion for postconviction relief. If nothing else, this will avoid the necessity of two separate actions. In the event a disclosure is ordered, the defendant will then have an opportunity to amend his [or her] motion to allege any Brady claims which might be exposed.

Id. at 547 (emphasis added). Because Walton's alleged inability to access certain files and records was properly raised in his rule 3.850 motion, we find that the trial judge erred in accepting the State's position that the issue was ...