5D01-830opJORDAN-STATE

State: Florida

Court: Florida Fifth District Court

Docket No: 5D01-830opJORDAN-STATE

Case Date: 06/04/2001

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2001 COREY AUSTIN JORDAN, Petitioner, v. STATE OF FLORIDA, Respondent. ________________________________/ Opinion filed June 8, 2001 Petition for Writ of Mandamus, Anthony P. Johnson, Respondent Judge. Corey Austin Jordan, Crestview, pro se. Robert A. Butterworth, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Respondent. COBB, J. Petitioner, Corey Jordan, filed a Rule 3.850 motion in the trial court, along with an emergency motion to compel and preserve exculpatory testimony. When the trial court failed to rule on the motions, petitioner filed a petition for writ of mandamus in this court. In response to our rule to show cause, the state has CASE NO. 5D01-830

provided a copy of the trial court's order directing the state to file a response to the Rule 3.850 motion. However, the order does not rule on petitioner's emergency motion to compel and preserve exculpatory evidence. In his motion, petitioner alleges that a witness who could provide exculpatory evidence has been ordered deported and that it

is necessary to preserve the witness' testimony before his deportation. We grant the petition for writ of mandamus and direct the trial court to rule forthwith on petitioner's emergency motion. PETITION GRANTED. THOMPSON, C.J. and PLEUS, J., concur.

2

Download 5D01-830opJORDAN-STATE.pdf