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IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE
COUNTY, FLORIDA
STATE OF FLORIDA,
Plaintiff,
vs.
MARKEITH LOYD,
Defendant.
_____________________/
Comes now, the Defendant MARKEITH LOYD, by and through undersigned counsel,
and moves to toll the instant proceedings approximately sixty days and to reset the trial date to
1. The Defendant is charged with three counts of Capital Murder in the above-stated cases.
3. Late last year, Defendant filed a motion to stay proceedings due to the then-expected JAC
funding shortfall for the payment of due process providers for indigent defendants, such as
Defendant. At the time of filing the motion, the risk of a shortfall was merely anticipated. Now,
4. The JAC recently reported that funding for due process providers handling indigent cases
throughout Florida has run out due to a $17.5 million shortfall. Schweers, Jeffrey. “Funding for
court-appointed counsel dries up; JAC can't pay bills.” Tallahassee Democrat, April 11, 2019.
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court-appointed-lawyers-and-other-personnel/3437428002/.
5. As a result of the budget shortfall, approximately 8,000 – 12,000 bills for indigent
defense services will not be paid over the next two months, and payments will only commence
6. JAC Executive Director Rip Colvin previously explained that supplemental funding is
put into the back of the budget bill, which ordinarily allows the JAC to pay due process providers
without interruption. But due to the late timing of this year’s legislative session, the extra
7. In recent months, Colvin has exerted great effort in the face of extraordinary challenges
8. Nonetheless, despite the laudable efforts of Colvin and JAC chairman and State Attorney
Brad King, nothing is left to be done to provide timely payment to due process providers.
"We’ve done all that we can do," said King. "We had expressed to [the Legislature] that there
needed to be more money allocated to indigent criminal defense," King said. "Instead of
allocating more money they cut the allocation that year." The state legislature decided to cut
9. In other words, due to detrimental decisions of the Florida Legislature, the state faces a
substantial shortfall in funding for court-appointed cases such as Defendant’s. The budget deficit
won’t be remedied for months. "We are talking about June when money becomes available,"
King said.
10. As Defendant previously explained in his prior motion to stay1, counsel’s ability to
providers, including experts and investigators. But without the State of Florida being able to
forensic and mental health experts, and mitigation specialists, there’s no way to ensure that these
persons will continue to effectively provide their necessary services to defense counsel. It is
unreasonable to expect the providers to continue to work in an effective manner without being
paid for months. The delay in payment imposes a substantial and unnecessary burden on the due
process providers. The end result is that Defendant will be denied effective assistance of counsel
WHEREFORE, Defendant requests for this Court to grant this motion and toll the
proceedings here until June 16, 2019, when the funds will become available for payment to due
process providers, and to reschedule the trial date for approximately 60 days, in accordance with
the tolling period, to December 2, 2019, and to base all pre-trial deadlines consistent with this
tolling period.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing motion was served via
Efiling notification on the Office of the State Attorney this 13th day of April 2019.
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Respectfully Submitted,
s/Terence M. Lenamon
Terence M. Lenamon, Esq.
Lenamon Law, PLLC
Florida Bar No. 970476
245 S.E. 1st St.
Suite 404
Miami, FL 33131
p. 305-373-9911
f. 305-503-6973