Spaziano is being retried for the 1973 murder of Laura Harberts after the main witness in his 1976 trial, Anthony Dilisio, recanted his testimony. Spaziano's volunteer counsel, James Russ, attempted to find volunteer co-counsel to assist him, but could not. He filed a motion for appointment of co-counsel at public expense, basing his request in part on national standards suggesting two attorneys work on death cases. The trial judge appointed Donald R. West to assist. It also ordered public payment of a public opinion survey done in preparation for trial. Seminole County, which must pay the costs, objected on grounds that these benefits were neither required nor necessary to meet constitutional standards. The Fifth District Court reversed, and Spaziano appeals.