FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
for Writ of Certiorari - Original Jurisdiction.
Michael Ufferman, Michael Ufferman Law Firm, P.A.,
Tallahasee; Crystal Mcbee Frusciante, Sunrise, for
Roseanne Eckert, FIU College of Law, Miami, for Amicus Curiae
Florida Juvenile Resentencing and Review Project; Whitney
Untiedt, Akerman, LLP, Miami, for Amicus Curiae Florida
Association of Criminal Defense Lawyers, in support of
Jo Bondi, Attorney General, Charmaine M. Millsaps, Senior
Assistant Attorney General, and Robert J. Morris, III,
Assistant Attorney General, Tallahassee, for Respondent.
U'Dreka Andrews, petitions this Court for certiorari
review of the trial court's order denying her
"Motion for Leave to Submit Requests for Appointment of
Experts and Costs Ex Parte and Under Seal and to
Require the Justice Administrative Commission to File Any
Responses to Such Motions Without Service to the State and
Under Seal Where Such Responses Contain Substantive
Information Pertaining to Ms. Andrews' Defense." We
deny the petition because Petitioner failed to establish that
the trial court departed from the essential requirements of
the law. In light of the important policy issue, however, we
certify a question of great public importance.
motion, Petitioner alleged that she was convicted of
first-degree felony murder, burglary, and robbery based on
offenses she committed at the age of seventeen and she was
sentenced to life imprisonment without the possibility of
parole for the murder. The Florida Supreme Court recently
held that Petitioner is entitled to resentencing in
conformance with Chapter 2014-220, Laws of Florida, the
relevant provisions of which have been codified in sections
775.082, 921.1401, and 921.1402, Florida Statutes (2014).
Petitioner has been found indigent and is represented by
private counsel pro bono in the
proceeding. In order to avoid revealing privileged
information or work product to the State Attorney's
Office, Petitioner requested permission to file all her
motions for appointed experts and miscellaneous costs ex
parte and under seal, with service to the Justice
Administrative Commission ("JAC") and notice to the
State Attorney's Office, and requested that the JAC be
required to file all responses that may reveal substantive
content relevant to her defense without service to the State
and under seal. Petitioner also relied on the rights to
effective assistance of counsel, due process, and equal
protection, and she argued that she should not be prejudiced
because she is represented by pro bono counsel and
is indigent for costs and is entitled to the same due process
and equal protection rights as similarly-situated defendants
who are represented by private counsel or the Public
Defender's Office and would not be required to divulge
details to the prosecution regarding the hiring of experts.
Following a hearing, the trial court entered an order denying
Petitioner's motion. This petition for writ of certiorari
obtain a writ of certiorari, a petitioner must show that the
challenged order constitutes a departure from the essential
requirements of law, which results in material injury that
cannot be remedied on appeal. Suarez v. Steward
Enters., 164 So.3d 132, 134 (Fla. 1st DCA 2015).
"[C]ertiorari relief is an 'extremely rare'
remedy that will be provided in 'very few
cases.'" Bd. of Trs. of Internal Improvement Tr.
Fund v. Am. Educ. Enters., LLC, 99 So.3d 450, 455 (Fla.
2012) (quoting Martin-Johnson, Inc. v. Savage, 509
So.2d 1097 (Fla. 1987)). A ruling departs from the essential
requirements of the law when it constitutes a violation of a
clearly established principle of law resulting in a
miscarriage of justice. State, Dep't of Revenue ex
rel. Carnley v. Lynch, 53 So.3d 1154, 1156 (Fla. 1st DCA
2011). Clearly established law may derive from controlling
case law, rules of court, statutes, or constitutional law.
Allstate Ins. Co. v. Kaklamanos, 843 So.2d 885, 890
(Fla. 2003). "[C]ertiorari jurisdiction cannot be used
to create new law where the decision below
recognizes the correct general law and applies the correct
law to a new set of facts to which it has not been previously
applied." Nader v. Fla. Dep't of
Highway Safety & Motor Vehicles, 87 So.3d 712,
723 (Fla. 2012).
asserts that authority for the procedure she seeks is found
in Florida Rule of Judicial Administration 2.420, which
governs "public access to and protection of judicial
branch records" and provides in part that "[t]he
following records of the judicial branch shall be
[c] (9) Any court record determined to be confidential in
case decision or court rule on the grounds that (A)
confidentiality is required to
(i) prevent a serious and imminent threat to the fair,
impartial, and orderly administration of justice;
. . . .
(vii) comply with established public policy set forth in the
Florida or United States Constitution or statutes or ...