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Florida Association of Court Clerks & Comptrollers Preparation of the Record on Appeal including Death Penalty Cases Tampa, Florida June 15, 2011 Presented by: Thomas D. Hall and Mary Cay Blanks. Ground Rules of Presentation. Informal Feel free to ask questions as we go

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Florida Association of Court Clerks & ComptrollersPreparation of the Record on Appeal includingDeath Penalty CasesTampa, FloridaJune 15, 2011Presented by:Thomas D. Hall and Mary Cay Blanks

ground rules of presentation
Ground Rules of Presentation
  • Informal
  • Feel free to ask questions as we go
  • Intend to be interactive
  • Overview
    • Materials
overview cont d
Overview (cont'd.)
  • Time Standards, Rules and/or Statute
  • Perceived Major Sources of Delay for Records on Appeal
  • We will discuss electronic records
overview
Overview
  • Actions taken (and by whom) upon Filing Notice of Appeal
  • Motions Practice
  • Management Information
  • This presentation can be found at: http://www.floridasupremecourt.org/clerk/presentations.shtml
types of appeals
Types of Appeals
  • Civil (including Family, Probate, Guardianship) – Rule 9.110(e)
  • Criminal and Juvenile Delinquincy– Rule 9.140(f)
  • POST-CONVICTION – Rule 9.141(b)(2) and 9.141(b)(3)(B)
  • DEPENDENCY and TERMINATION OF PARENTAL RIGHTS – Rule 9.146(g)(2).
  • DEATH PENALTY – Rule 9.142
timeframes and other provisions of the rules
Timeframes and Other Provisions of the Rules
  • CIVIL APPEALS
    • Directions to the clerk and designations to the reporter to be filed within 10 days of the notice of appeal
    • Transcripts to be filed with the trial court within 30 days of service of the designations
    • Index to record on appeal to be served on parties within 50 days of the notice of appeal
    • Record on appeal to be transmitted to the appellate court within 110 days of the notice of appeal
timeframes and other provisions of the rules continued
Timeframes and Other Provisions of the Rules (continued)
  • CIVIL APPEALS (continued)
    • Process docket to be incorporated into the record immediately after the index.
    • Documents to be paginated
    • Trial transcripts to be incorporated at the end of the record and not renumbered by the clerk
    • Record to be securely bound in consecutively numbered volumes not exceeding 200 pages
timeframes and other provisions of the rules continued1
Timeframes and Other Provisions of the Rules (continued)
  • CRIMINAL and JUVENILE DELINQUINCY – Rule 9.140(f)
    • Directions to the clerk and designations to the reporter to be filed within 10 days of the notice of appeal
    • Transcripts to be filed with the trial court within 30 days of service of the designations
    • Record on appeal to be transmitted to the appellate court and served on the attorney general and counsel appointed to represent indigent defendants within 50 days of the notice of appeal.
timeframes and other provisions of the rules continued2
Timeframes and Other Provisions of the Rules (continued)
  • CRIMINAL and JUVENILE DELINQUINCY – Rule 9.140(f) (continued)
    • Index to record on appeal to be served on non-indigent defendants within 50 days of the notice of appeal.
    • Process docket to be incorporated into the record immediately after the index.
    • Documents to be paginated
    • Trial transcripts to be incorporated at the end of the record and not renumbered by the clerk
    • Record to be securely bound in consecutively numbered volumes not exceeding 200 pages
timeframes and other provisions of the rules continued3
Timeframes and Other Provisions of the Rules (continued)
  • POST-CONVICTION – Rule 9.141(b)(2) and 9.141(b)(3)(B)
    • Summary Appeal of Rule 3.800(a), 3.850 and 3.853
      • Record on appeal consisting of the motion, response, reply, order on the motion, motion for rehearing, order on motion for rehearing and attachments to any of the foregoing to be transmitted with the notice of appeal.
      • No index or pagination is required unless ordered by the Court.
timeframes and other provisions of the rules continued4
Timeframes and Other Provisions of the Rules (continued)
  • POST-CONVICTION – Rule 9.141(b)(2) and 9.141(b)(3)(B) [continued]
    • Summary Appeal of Rule 3.800(a), 3.850 and 3.853 (continued)
      • The parties are not served with an index or copy of the record unless ordered by the Court.
timeframes and other provisions of the rules continued5
Timeframes and Other Provisions of the Rules (continued)
  • POST-CONVICTION – Rule 9.141(b)(2) and 9.141(b)(3)(B) [continued]
    • Appeal of Rule 3.850 and 3.853 after an Evidentiary Hearing
      • Within 5 days of the filing of a notice of appeal by an indigent pro se litigant, the Clerk shall request the court reporter to transcribe the evidentiary hearing
      • Transcripts to be filed with the trial court within 30 days of service of the designations
timeframes and other provisions of the rules continued6
Timeframes and Other Provisions of the Rules (continued)
  • POST-CONVICTION – Rule 9.141(b)(2) and 9.141(b)(3)(B) [continued]
    • Appeal of Rule 3.850 and 3.853 after an Evidentiary Hearing (continued)
      • Within 50 days of the notice of appeal, the record on appeal consisting of the motions, response, reply order on the motion, motion for rehearing, order on motion for rehearing and attachments to any of the foregoing, together with the transcript to be transmitted to the appellant court and served on the attorney general and counsel appointed to represent indigent defendants.
timeframes and other provisions of the rules continued7
Timeframes and Other Provisions of the Rules (continued)
  • POST-CONVICTION – Rule 9.141(b)(2) and 9.141(b)(3)(B) [continued]
    • Appeal of Rule 3.850 and 3.853 after an Evidentiary Hearing (continued)
      • Within 50 days of the notice of appeal, the index to record on appeal to be served on non-indigent defendants
      • Documents to be paginated
      • Transcripts to be incorporated at the end of the record and not renumbered by the clerk.
timeframes and other provisions of the rules continued8
Timeframes and Other Provisions of the Rules (continued)
  • POST-CONVICTION – Rule 9.141(b)(2) and 9.141(b)(3)(B) [continued]
    • Appeal of Rule 3.850 and 3.853 after an Evidentiary Hearing (continued)
      • Process docket to be incorporated into the record immediately after the index
      • Record to be securely bound in consecutively numbered volumes not exceeding 200 pages
timeframes and other provisions of the rules continued9
Timeframes and Other Provisions of the Rules (continued)
  • DEPENDENCY and TERMINATION OF PARENTAL RIGHTS – Rule 9.146(g)(2)
    • Directions to the clerk and designations to the reporter to be filed with the notice of appeal
    • Transcripts to be filed with the trial court within 20 days of service of the designations
    • Within 5 days of the filing of the transcript, the record on appeal is to be transmitted to the appellate court and served on the Department of Children and Family Services, guardian ad litem and counsel appointed to represent indigent parties.
timeframes and other provisions of the rules continued10
Timeframes and Other Provisions of the Rules (continued)
  • DEPENDENCY and TERMINATION OF PARENTAL RIGHTS – Rule 9.146(g)(2) [continued]
    • Process docket to be incorporated into the record immediately after the index.
    • Documents to be paginated
    • Transcripts to be incorporated at the end of the record and not renumbered by the clerk
    • Record to be securely bound in consecutively numbered volumes
timeframes and other provisions of the death penalty rule 9 142
Timeframes and Other Provisions of the Death Penalty – Rule 9.142
  • Initial & Retrial Appeals (handout materials contain a reference chart)
    • Rule (9.140(f) & 9.200) states:
      • Transcripts to be filed with trial court within 40 days of filing of Notice of Appeal
      • Record on Appeal from trial court to be filed with Florida Supreme Court within 50 days of filing of Notice of Appeal
death penalty rule 9 142 cont d
Death Penalty – Rule 9.142 (cont'd.)
  • Initial & Retrial Appeals (cont'd.)
    • Supreme Court Order states:
      • Transcripts to be filed with trial court within 80 days from filing of notice of appeal in Florida Supreme Court
      • Record on Appeal from trial court to be filed with Florida Supreme Court within 100 days from filing of notice of appeal in Florida Supreme Court
death penalty rule 9 142 cont d1
Death Penalty – Rule 9.142 (cont'd.)
  • Resentencing & 3.850 (3.851) Evidentiary Hearing Appeals
    • Rule (9.140(f) & 9.200) states:
      • Transcripts to be filed with trial court within 40 days of filing of Notice of Appeal
      • Record on Appeal from trial court to be filed with Florida Supreme Court within 50 days of filing of Notice of Appeal
death penalty rule 9 142 cont d2
Death Penalty – Rule 9.142 (cont'd.)
  • Resentencing & 3.850 (3.851) Evidentiary Hearing Appeals (cont'd.)
    • Supreme Court Order states:
      • Transcripts to be filed with trial court within 80 days from filing of notice of appeal in Florida Supreme Court
      • Record on Appeal from trial court to be filed with Florida Supreme Court within 100 days from filing of notice of appeal in Florida Supreme Court
death penalty rule 9 142 cont d3
Death Penalty – Rule 9.142 (cont'd.)
  • 3.850, 3.851 Non-Evidentiary, Successive 3.203, 3.850, 3.851, 3.853 Appeals
    • Rule states:
      • Transcripts to be filed with trial court within 40 days of filing of Notice of Appeal
      • Record on Appeal from trial court to be filed with Florida Supreme Court within 50 days of filing of Notice of Appeal
death penalty rule 9 142 cont d4
Death Penalty – Rule 9.142 (cont'd.)
  • 3.851 Non-Evidentiary, Successive 3.203, 3.851, 3.853 Appeals (cont'd.)
    • Supreme Court Order states:
      • Transcripts to be filed with trial court within 50 days from filing of notice of appeal in Florida Supreme Court
      • Record on Appeal from trial court to be filed with Florida Supreme Court within 70 days from filing of notice of appeal in Florida Supreme Court
timeframes for filing record on appeals vs florida supreme court order directives
Timeframes for Filing Record on Appeals vs. Florida Supreme Court Order Directives
  • Initial, Resentencing, Retrial, & 3.851 Evidentiary Hearing Appeals
    • Rules Provisions – Days due from filing NOA in Circuit Court
      • 40 – Transcripts to be filed in trial court
      • 50 – ROA to be filed in FSC
    • FSC Directive – Days due from filing NOA in FSC
      • 80 – Transcripts to be filed in trial court
      • 100 – ROA to be filed in FSC
timeframes for filing record on appeals vs florida supreme court order directives cont d
Timeframes for Filing Record on Appeals vs. Florida Supreme Court Order Directives (cont'd.)
  • 3.851 Non-Evidentiary Hearing, 3.203 & 3.853 Appeals
    • Rules Provisions – Days due from filing NOA in Circuit Court
      • 40 – Transcripts to be filed in trial court
      • 50 – ROA to be filed in FSC
    • FSC Directives – Days due from filing NOA in FSC
      • 50 – Transcripts to be filed in trial court
      • 70 – ROA to be filed in FSC
common problems with records
Common Problems with Records
  • Complete record is not transmitted
  • Record is transmitted without the transcripts
  • In summary post-conviction appeals, the notice of appeal is transmitted without the record
  • In summary post-conviction appeals, attachments are not included in the record
  • Complete index is not included in first volume
common problems with records continued
Common Problems with Records (continued)
  • Volumes of supplemental records not consecutively numbered with the original record
  • Record is not properly paginated
  • Volumes not numbered consecutively
  • Not properly bound.
  • Late records and supplemental records
common problems with records cont d
Common Problems with Records (cont'd.)
  • Multiple transcripts placed in a volume; however, volume on cover page states “Volumes 13-16” and there are no individual labels on the transcripts to designate which Volume they are. The transcripts within the volume should have been designated as a single volume.
  • Duplicate page numbers within a volume
common problems with records cont d1
Common Problems with Records (cont'd.)
  • ROA volume numbers consecutive BUT volume numbers start over with transcript volumes
  • Exhibits copies given a page number ONLY on the 1st page of the documentary exhibit. No other page numbers given to that exhibit
what we would like
What We Would Like
  • All volumes numbers to run consecutively including supplemental volume(s)
  • All page numbers within the volume may start with page 1 with no duplicate page numbers within the volume
  • Master index of entire ROA in volume 1 and all other volumes would contain an index for that volume only.
what we would like cont d
What We Would Like (cont'd.)
  • Certified copies of all pleadings placed first in ROA with transcripts at the end, in chronological order as to occurrence (transcripts should read from initial motion hearings through sentencing)
  • Electronic Records
frequently asked questions
Frequently Asked Questions
  • Who pays for the transcript(s) & record?
  • What do we do if counsel requests entire record on appeal from a previous proceeding?
  • How do we proceed when we receive directions/designations that does not include “all” filings made?
  • Do you need original exhibits?
  • If an extension of time is needed to file the ROA, who should file the extension?
frequently asked questions continued
Frequently Asked Questions (continued)
  • Does an extension of time to file the transcript toll the time to file the record on appeal?
process after case is over
Process after Case is Over
  • Mandate is issued to trial court
  • Any original exhibits are returned to trial court
  • Record on Appeal is retained by Florida Supreme Court
  • Case finalized, and custody of case relinquished to Florida State Archives
warrant process
Warrant Process
  • Florida Supreme Court (FSC) notified by Governor’s Office that death warrant has been signed along with actual time and date of execution.
  • FSC Death Penalty Clerk notifies appropriate chief judge of circuit court of warrant and inmate’s name and requests name of trial judge to handle proceedings.
warrant process cont d
Warrant Process (cont'd.)
  • FSC Death Penalty Clerk contacts trial court judge advising them of inmate name and the date & time of execution. Procedures are discussed.
  • FSC Death Penalty Clerk calls designated trial court clerk’s office advising them of inmate name and the date & time of execution. Procedures are discussed.
warrant process cont d1
Warrant Process (cont'd.)
  • FSC generally enters order setting time frames within which the trial court must act.
  • All trial court orders and transcripts should be e-mailed expeditiously to the FSC at warrant@flcourts.org
  • Trial court record should be compiled as pleadings are filed as it will need to be expeditiously sent to the FSC when appeal is filed.
warrant process cont d2
Warrant Process (cont'd.)
  • Notice of Appeal should be scanned and e-mailed to FSC with “hard” copy, along with record on appeal, being expedited to the FSC.
contact information
Contact Information

Mary Cay Blanks

Clerk, Third District Court of Appeal

Phone # (305) 229-3200

e-mail: blanksm@flcourts.org

Thomas D. Hall

Clerk, Supreme Court of Florida

Phone # (850) 488-0125

e-mail: hall@flcourts.org

This presentation can be found at: http://www.floridasupremecourt.org/clerk/presentations.shtml