Public-domain · open source
OpenJurist

500 So. 2d 171

500 So.2d 171

11 Fla.L.Weekly 1520

Crow v. State

District Court of Appeal of Florida · decided 1986-07-10

Cited by 3 later decisions — most recently May 2009

3 state decisions

Key passage — most relied on by later courts

“If the public defender deems it necessary to be relieved from other appeals, he [or she] should file a motion to withdraw in this court promptly upon [appointment]. Such motions will be considered on a case-by-case basis....”

quoted by 1 later decision, including 12 So. 3d 798 - State v. PUB. DEFENDER, ELEVENTH JUD. CIR.

Relies on 498 So. 2d 953 - Haggins v. State · 485 So. 2d 460 - Kiernan v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1986-07-10

View the full empirical analysis of this case →

¶1On Motion to Withdraw

PER CURIAM.

¶2Citing her inability to prepare an initial brief within the time constraints ordered by this court, the assistant public defender assigned to represent appellant in this cause, moves to withdraw. For the following reasons, we deny the motion.

¶3The notice of appeal in this cause was filed on May 17, 1985. Through no fault of the public defender, but due to the lower court’s granting of numerous extensions of time for preparation of the record, transcript and initial brief, the record was not transmitted until April 14, 1986. At that time, the public defender for the second judicial circuit was designated to represent appellant pursuant to section 27.51(4) Fla. Stat. (1985). Ms. Reeves, the assistant public defender assigned to the case, then requested and received two thirty day extensions of time to file the initial brief. The second order granting the extension of time provided that no further extensions would be granted in the absence of extreme emergency. Thereafter, counsel filed the present motion to withdraw.

¶4The motion to withdraw points out that this is an appeal from a conviction of first degree murder, the record exceeds 2000 pages, and trial counsel listed some 14 judicial acts to be reviewed. Due to her extremely heavy case load, aggravated by an increasing number of jurisdictional briefs due in the Supreme Court resulting from the numerous inter-district conflicts interpreting the sentencing guidelines, counsel states that she will not be able to comply with the latest order of this court requiring the initial brief to be served by July 16, 1986. Since these factors were alleged in the previous motions for extension of time, counsel understands our last order as determining that the named factors do not constitute emergency grounds, and therefore requests to withdraw.

¶5It is true that overburdened case loads and larger than average records are not necessarily deemed emergency situations justifying extensive delays in the progress of a case. However, we find that in the filing of this motion, counsel has demonstrated an emergency situation. Therefore, we sua sponte extend the time for serving the initial brief another thirty days *172from the present due date, and deny the motion to withdraw.

¶6Granting the motion to withdraw would only delay this case further when it has already been delayed extensively. We previously acknowledged the over burdening of the public defender’s office in our opinion in Kiernan v. State, 485 So.2d 460 (Fla. 1st DCA 1986). In Kieman we reported Mr. Allen’s prediction that it would only be a matter of months before his staff would again be unable to meet time limits. It appears that the predicted circumstances have materialized. We note that this district’s problems are not unique. In Haggins v. State, 498 So.2d 953 (Fla. 2d DCA 1986), the second district was faced with a similar motion to withdraw, and denied it. We agree with the second district that the public defender should continue to direct his primary efforts toward those cases which have been pending the longest. To permit withdrawal at this stage would be counter productive as the assistant public defender handling the case is now, presumably, familiar with the record and issues being raised.

¶7If the public defender deems it necessary to be relieved from other appeals, he should file a motion to withdraw in this court promptly upon receipt of a § 27.51(4) designation. Such motions will be considered on a case-by-case basis as established in Kieman, supra. If the motion is granted, jurisdiction will be relinquished to the trial court for appointment of alternative appellate counsel.

MILLS, NIMMONS and WIGGINTON, JJ., concur.
/500/so2d/171 · .json · Public domain