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Johanson v. State

District Court of Appeal of Florida, Fourth District
Apr 28, 2004
872 So. 2d 387 (Fla. Dist. Ct. App. 2004)

Summary

reversing the denial of a petition for writ of mandamus based on the State's unsworn response claiming that it did not possess the records requested, and remanding for an evidentiary hearing, including an in camera inspection of the state attorney's file, to determine the contested issue of whether the State had the requested records in its possession

Summary of this case from Hollis v. Massa

Opinion

Case No. 4D02-3785.

Opinion filed April 28, 2004.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County, James I. Cohn, Judge, L.T. Case No. 98-17273 CF10A.

Michael D. Gelety, Fort. Lauderdale, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, Richard Valuntas, Assistant Attorney General, West Palm Beach, for appellee.


ON MOTION FOR REHEARING/CLARIFICATION


We grant the motion for rehearing, withdraw our previously issued opinion, and substitute the following.

This is an appeal from the circuit court's denial of appellant's petition for writ of mandamus compelling the state attorney's office to comply with appellant's public records request.

Appellant was convicted of aggravated battery. The information charged that the victim had suffered "great bodily harm, permanent disability or permanent disfigurement" caused by appellant "throwing a cup of bleach in his eyes."

Appellant filed a public records request with the state attorney's office seeking lab reports and medical records regarding the victim's injury. Appellant's request noted that the state's discovery response in the criminal case listed lab reports and medical records.

The state's unsworn response to the mandamus petition conceded that its discovery submission listed Dr. Lieberman of the Coral Springs Medical Center and "lab report, medical report(s), lab report, as mentioned in the police reports." The response indicated that the assistant state attorney who had prepared the discovery submission reviewed her office's file and did not find any lab or medical reports. The state argued that it did not possess the requested records and that the mandamus petition should be denied. The circuit court adopted the state's response and denied the motion.

We agree with appellant that the circuit court erred in not conducting an evidentiary hearing, including an in-camera inspection of the state attorney's file, on the contested issue of whether the state had the requested reports in its possession.

At the hearing, the trial court may consider and rule on arguments that the records are covered by exemptions from disclosure.

Reversed and remanded for an evidentiary hearing.

STONE, WARNER and GROSS, JJ., concur.


Summaries of

Johanson v. State

District Court of Appeal of Florida, Fourth District
Apr 28, 2004
872 So. 2d 387 (Fla. Dist. Ct. App. 2004)

reversing the denial of a petition for writ of mandamus based on the State's unsworn response claiming that it did not possess the records requested, and remanding for an evidentiary hearing, including an in camera inspection of the state attorney's file, to determine the contested issue of whether the State had the requested records in its possession

Summary of this case from Hollis v. Massa

reversing the denial of a petition for writ of mandamus and remanding to the circuit court for an evidentiary hearing where the parties disputed whether the requested records were in the State's possession

Summary of this case from DeGregorio v. State

reversing the denial of a petition for writ of mandamus based on an unsworn response filed by the State that it did not possess the records requested and remanding for an evidentiary hearing, including an in camera inspection of the state attorney's file, to determine who possessed the required records

Summary of this case from Ferrier v. Pub. Defender's Office

reversing the denial of a petition for writ of mandamus based on an unsworn response filed by the State that it did not possess the records requested and remanding for an evidentiary hearing, including an in camera inspection of the state attorney's file, to determine who possessed the required records

Summary of this case from Ferrier v. Pub. Defender's Office

reversing the denial of a petition for writ of mandamus based on an unsworn response filed by the State that it did not possess the records requested and remanding to the trial court for an evidentiary hearing, including an in camera inspection of the state attorney's file, to determine who possessed the required records

Summary of this case from Clay Cnty. Educ. Ass'n v. Clay Cnty. Sch. Bd.
Case details for

Johanson v. State

Case Details

Full title:MIKAEL JOHANSON, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 28, 2004

Citations

872 So. 2d 387 (Fla. Dist. Ct. App. 2004)

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