Summary
In Elam, the trial court denied the indigent defendant's motion to have counsel appointed for the purposes of post-conviction relief.
Summary of this case from Zambuto v. Palm Beach CtyOpinion
Case No. 95-3035
Opinion filed March 14, 1997
3.850 Appeal from the Circuit Court for Volusia County, R. Michael Hutcheson, Judge.
Jerrel E. Phillips, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee, State of Florida.
Randell H. Rowe, III, Assistant County Attorney, Deland, for Appellee, County of Volusia.
David Mueller Elam appeals an order of the trial court denying him appointment of counsel and payment of expenses allegedly necessary to prepare for submission of a motion for post-conviction relief.
Neither the due process clause nor the equal protection clause requires appointment of counsel for preparation of motions for post-conviction relief by indigent prisoners. Ross v. Moffitt, 417 U.S. 600, 94 S.Ct. 2437, 41 L.Ed.2d 341 (1974). Also, indigent prisoners, who are not entitled to free records disclosure under Chapter 119, Florida Statutes, are not thereby denied any constitutional rights. Roesch v. State, 633 So.2d 1 (Fla. 1993). Further, Elam has provided no case law holding that the state must provide counsel and expenses to indigent prisoners not under the sentence of death because it provides the same to indigent prisoners who are under sentence of death.
AFFIRMED.
DAUKSCH and GRIFFIN, JJ., concur.