U'Dreka Andrews v. State of Florida

I concur in the majority’s certification of the question of great public importance. I dissent, however, from that portion of the opinion that determined the trial court’s order denying the ex parte proceeding did not constitute a departure from the essential requirements of law. An indigent defendant who is represented by private counsel pro bono is entitled to an ex parte proceeding concerning the entitlement to hire expert witnesses and investigators.

To obtain certiorari relief, a petitioner must demonstrate “ ‘(1) a departure from the essential requirements of the law, (2) resulting in…