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Record Group Number: 000357
Series/Collection Number: .S 2280
Creator: Florida. Dept. of Financial Services.
Title, Dates: Capital collateral counsel attorney fee litigation files, ca. 1999-2003.
Amount: 1.3 cubic ft.
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Biographical/Historical:     The Department of Financial Services is responsible for managing contracts for payment of attorneys representing death row inmates in capital collateral postconviction proceedings. Capital collateral attorney fees have been subject to litigation over the years, particularly regarding what fees might be allowable in excess of the amount authorized by the Florida Legislature in statute.
Summary:     This series documents litigation between the State of Florida and legal counsel for executed convict Bennie Demps regarding allowable attorney fees. The series documents an early case in which significant court rulings occurred on this issue and illustrate a seeming conflict between providing adequate legal representation to a death row inmate and adhering to the statutory fee limits for such representation. Specific issues disputed in the Demps case included: 1) what standards should be in place to determine when an attorney could exceed the statutory fee limitations, and 2) whether or not the attorney was entitled to attorney fees for the cost of litigating whether or not he was entitled to attorney fees.

    The series includes case law and other background documents supporting arguments for or against the requested attorney fees. Records include motions, pleadings, fee and cost documentation, correspondence between attorneys and the Comptroller's Office, rules of criminal procedure, transcripts of hearing testimony and other related records.
Finding Aids: Folder listing. 0
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Subject Access Fields: Capital punishment Florida.
Lawyers Florida
Attorneys.
Death penalty.
Legal instruments. aat
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