Legal Opinion

Finkelstein v. State

District Court of Appeal of Florida

Decided August 19, 2009No. 4D09-2678, 4D09-2762Published

1Per curiam

In these two consolidated cases, the Public Defender for the Seventeenth Judicial Circuit challenges orders appointing him, over objection, to represent a prospective witness in another person’s pending criminal case — in one case, a prosecution for a new offense and violation of probation proceeding; in the other, a post-conviction proceeding — who has been neither charged with a crime nor taken into custody in connection with the pending proceedings. 1 Having been unable to find support for a trial court’s authority to appoint the Public Defender in the specific instances involved in this…

2Cases cited4 opinions

  1. Ibar v. StateSupreme Court of Florida · 2006
  2. Smith v. StateSupreme Court of Florida · 1997
  3. Russo v. AkersSupreme Court of Florida · 1998
  4. Yacucci v. HersheyDistrict Court of Appeal of Florida · 1989

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