Debose v. State
In a dissent from denial of rehearing, Judge Kelsey criticizes the majority's sua sponte creation of a new exception to Florida Rule of Appellate Procedure 9.200(f), holding that an indigent appellant's counsel has no right to supplement the appellate record with hearing transcripts unless counsel has independently arranged for payment of the transcription cost. The dissent argues this unprecedented rule exceeds the court's authority, was never raised by any party, and conflicts with how the Fifth DCA treated an identical issue in a companion case that migrated districts (Brown v. State), creating a direct inter-district split.
Key facts
- Indigent appellant Debose sought to supplement the appellate record with hearing transcripts under Florida Rule of Appellate Procedure 9.200(f).
- The trial court conviction or judgment was appealed, requiring appellate counsel to obtain transcripts for competency, plea, and sentencing hearings.
- +2 more key facts with a free trial
Why it matters
Although framed as a dissent on rehearing, this opinion flags a newly created and contested limitation on indigent criminal appellants' ability to supplement appellate records with necessary hearing transcripts… — full analysis with a trial
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