Florida/Georgia Personal Injury & Workers Compensation

...Death Penalty Systems: The Florida Death Penalty Assessment Report 235 (2006) (2006 ABA Report), available at http://www.americanbar.org/groups/individual_rights/projects/death_ penalty_due_process_review_project/death_penalty_assessments/florida.html; see also Fla. Stat. § 27.701....

...entative,” which will furnish state-paid attorneys to represent indigent death row inmates in collateral proceedings in state and federal courts. Act of June 24, 1985, ch. 85-332, 1985 Fla.Sess.Law Serv. 451 (West) (to be codified at Fla.Stat.Ann. § 27.701-08)....

...Ass’n of Criminal Defense Lawyers, Inc., 978 So. 2d 134, 141 (Fla. 2008). Thus, the Legislature has created by statute the offices of CCRC and the Office of Criminal Conflict and Civil Regional Counsel (RCC) and has established the registry counsel appointment system. See §§ 27.40, 27.511, 27.701, Fla....

...CCRC and RCC are purely statutory entities. See § 27.40(2)(b), Fla. Stat. (2013) (“[p]rivate counsel appointed by the court to provide representation shall be selected from a registry of individual attorneys maintained under this section”); § 27.701, Fla....

...- 31 - authority to establish the qualifications and duties of (not the elected public defender) registry counsel, CCRC, and RCC, and those qualifications are not within the purview of this Court. See §§ 27.40(3)(a), 27.511(3)(a), 27.701, Fla. Stat....

...Currently, there are only two Florida provisions that suggest any standards of competency, as required by Chapter 154. To qualify for appointment as the State Capital Collateral Representative, an individual must have been a member of the Florida Bar for at least five years. See Fla.Stat. ง 27.701....

...ch as where two defendants have been convicted as co-defendants, or where CCR staff counsel participated in the direct appeal. ง 27.703, Fla.Stat. The head of CCR is appointed by the Governor, subject to Senate confirmation, for a 4-year term. ง 27.701, Fla.Stat....

...the middle of the state across the I-4 corridor. The remaining cases are almost evenly divided between North and South Florida. Although CCR is required by statute to have a Tallahassee office, it is also authorized to establish branch offices. ง 27.701, Fla....

...orida has not opted in to Chapter 154. Nevertheless, the Court is cognizant that there will likely be further review of this decision. Therefore, the Court will engage in a complete analysis of the parties' remaining arguments. [26] Florida Statutes Section 27.701 provides that the principal office of CCR "shall be located in Tallahassee." CCR does not have any other offices....

...onduct during the closing arguments at the guilt phase rendered those proceedings fundamentally unfair 4 The Florida legislature created the Office of the Capital Collateral Representative (CCR) by statute effective June 24, 1985. Fla.Stat.Ann. Sec. 27.701 (West Supp.1987)....

...See ch.2003-399, § 84, Laws of Fla. The Legislature subsequently gave the project an indefinite extension and directed the Auditor General to provide a performance review before the 2007 legislative session. See ch.2004-240, § 1, Laws of Fla. (codified in § 27.701(2), Laws of Fla....

...Capital Collateral Regional Counsel represents defendants in post-conviction capital cases. See, e.g., Lowe v. State, 2 So.3d 21, 2008 WL 4809695 (Fla. Nov. 6, 2008); Maas v. Olive, 992 So.2d 196 (Fla.2008). However, Capital Collateral Regional Counsel is created by an entirely different statute, section 27.701, Florida Statutes *1183 (2008)....

...ntation of any person convicted and sentenced to death in this state.” Later, when the CCRC northern region was abolished (or “defunded”), see Ch. 2004-240, § 1, at 763, Laws of Fla.; Ch. 2003-399, § 84, at 3619-20, Laws of Fla., codified at § 27.701(2), Fla....

...ment of registry counsel, is amended to provide for the appointment of registry counsel, where appropriate, upon issuance of the mandate affirming a judgment and sentence of death on direct appeal. The Committee proposed the amendment in response to section 27.701(2), Florida Statutes (2005) (providing that "the responsibilities of the regional office of capital collateral counsel for the northern region of the state shall be met through a pilot program using only attorneys from the registry of attorneys maintained pursuant to s....

...imitations on collateral representation contained in the last sentence of the section. The relevance beyond the context of registry counsel of the definition in section 27.711(1)(c) is also evident from the specific provision the Legislature made in section 27.701(2) for "the responsibilities of the regional office of capital collateral counsel for the northern region" to "be met through a pilot program using only attorneys from the registry of attorneys maintained pursuant to s....

...27.710." If the scope of representation available from registry counsel were narrower than the scope of representation available from capital collateral regional counsel, it would be impossible for registry counsel to meet "the responsibilities of the regional office of capital collateral counsel" as contemplated by section 27.701(2)....

...§ 2261(c).7 As to both issues, circumstances have changed materially since this case left the district court. For instance, Florida brings to our attention many new statutory amendments, effective June 16, 1997, that may impact its "opt-in" status. E.g., Fla. Stat. § 27.701 (establishing three independent Capital Collateral Regional Counsels (CCRCs) instead of one Capital Collateral Representative (CCR)); § 27.703(3) (requiring post-conviction counsel "to have participated in a 6 The district cour...

...Therefore, unless some exemption from the Public Records Law attaches to such records as they are maintained by CCR, the provisions of s. 119.07 (1), F.S., regarding production and copying would apply. Sincerely, Robert A. Butterworth Attorney General (gh) 1 Executive Order No. 88-71. 2 Section 27.701 , F.S....

...97-391). 5  As to both issues, circumstances have changed materially since this case left the district court. For instance, Florida brings to our attention many new statutory amendments, effective June 16, 1997, that may impact its “opt-in” status. E.g., Fla. Stat. § 27.701 (establishing three independent Capital Collateral Regional Counsels (CCRCs) instead of one Capital Collateral Representative (CCR)); § 27.703(3) (requiring post- conviction counsel “to have participated in a least five felony jury tri...

...Death Penalty Systems: The Florida Death Penalty Assessment Report 235 (2006) (2006 ABA Report), available at http://www.americanbar.org/groups/individual_rights/projects/death_ penalty_due_process_review_project/death_penalty_assessments/florida.html; see also Fla. Stat. § 27.701....