Legal Opinion

Morse v. State

District Court of Appeal of Florida

Decided December 22, 2010No. 2D10-738PublishedCited by 2 opinions

1Opinion of the Court

WHATLEY, Judge.

Richard A. Morse, Jr., filed a petition for writ of mandamus seeking to compel his former counsel, the Public Defender for the Thirteenth Judicial Circuit, to provide free-of-charge copies of the crime scene photos from his trial. We hold that the circuit court erred when it denied his petition.

“A party petitioning for a writ of mandamus must establish a clear legal right to performance of the act requested, an indisputable legal duty, and no adequate remedy at law.” Radford v. Brock, 914 So.2d 1066, 1067 (Fla. 2d DCA 2005) (citing Smith v. State, 696 So.2d 814, 815 (Fla. 2d…

2Cases cited5 opinions

  1. Smith v. StateDistrict Court of Appeal of Florida · 1997
  2. Radford v. BrockDistrict Court of Appeal of Florida · 2005
  3. Potts v. StateDistrict Court of Appeal of Florida · 2004
  4. Smith v. StateDistrict Court of Appeal of Florida · 2004
  5. Weeks v. GoldenDistrict Court of Appeal of Florida · 2001

3Cited by2 opinions

  1. Roland v. StateDistrict Court of Appeal of Florida · 2013
  2. Rojas v. Office of Public DefenderDistrict Court of Appeal of Florida · 2012

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