ROBERT LEE SMITH, PETITIONER,
v.
LOUIE L. WAINWRIGHT, SECRETARY, DEPARTMENT OF CORRECTIONS, RESPONDENT
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Petition for delayed appeal in a first-degree murder case denied on grounds of laches, where petitioner waited thirteen years after the legal right to seek delayed review was established.
A petition for habeas corpus seeking a delayed appeal is barred by the doctrine of laches when the petitioner unreasonably delays filing more than thirteen years after the right to seek delayed review was established.
[1] The laches doctrine bars a petition for habeas corpus seeking a delayed appeal when the petitioner unreasonably delays filing more than thirteen years after the legal rig…
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Join FLexlaw to unlock all legal intelligenceRobert Lee Smith was convicted of first degree murder on September 7, 1958, and requested his appointed attorney to appeal but no appeal was taken. He…
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PER CURIAM.
Robert Lee Smith brings this petition for habeas corpus seeking a delayed appeal pursuant to Hollingshead v. Wainwright, 194 So. 2d 577 (Fla.1967). Petitioner alleges that he asked his appointed attorney to take an appeal after his conviction of first degree murder on September 7,1958, but that no appeal was taken.
Petitioner further contends that he filed a motion to vacate alleging denial of the right to a direct appeal in 1966 which was denied and not appealed but does not allege any justification for waiting until the present for filing this petition. We see some justification for further delay until 1967 (the date of the Hollingshead decision, supra) or at the latest until 1969 [the date of the leading case establishing the right to delayed review, Baggett v. Wainwright, 229 So. 2d 239 (Fla.1969) ]. However, some thirteen years have transpired from even that date. Bashlor v. Wainwright, 369 So. 2d 695 (Fla. 1st DCA 1978), notwithstanding, we find that the laches doctrine of Remp v. State, 248 So. 2d 677 (Fla. 1st DCA 1970), is applicable here. See also Broxson v. Wainwright, 271 So. 2d 478 (Fla. 1st DCA 1973). Accordingly, this petition for writ of habeas corpus is hereby denied.
SCHEB, A.C.J., and CAMPBELL and LEHAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ervin McCRAY v. State, 699 So. 2d 1366 (Fla. 1997)…collateral relief has been unreasonable and the state has been prejudiced in responding to the claim.” Anderson v. Singletary, 688 So. 2d 462, 463 (Fla. 4th DCA 1997). See also Xiques v. Dugger, 571 So. 2d 3 (Fla. 2d DCA 1990); Smith v. Wainwright, 425 So. 2d 618 (Fla. 2d DCA 1982); Remp v. State, 248 So. 2d 677 (Fla. 1st DCA 1970). Moreover, the doctrine of laches has been applied to bar a collateral relief proceeding when, from the face of the petition, it is obvious that the state has been manifestly prej…
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Proko v. State, 566 So. 2d 918 (Fla. 5th DCA 1990)…8) (holding victim in a bear hug was sufficient evidence of false imprisonment). On the issue of intent, there are conflicting interpretations of section 787.-02(l)(a), Florida Statutes (1989). The Fourth District Court of Appeal in Rauso v. State, 425 So. 2d 618, 620 (Fla. 4th DCA 1983), stated in dicta that “an intent (other than section 787.01(a) motives) must be alleged in the accusatory pleading and proven at trial beyond a reasonable doubt in order to convict a person of false imprisonment.” The Second…
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Bartz v. State, 740 So. 2d 1243 (Fla. 3d DCA 1999)…dicta. See Blatch v. State, 389 So. 2d 669, 672 (Fla. 3d DCA 1980). In the instant case, Bartz raises his claim twenty-one years after sentencing — surely such a delay, without explanation, evidences a lack of due diligence. See Smith v. Wainwright, 425 So. 2d 618 (Fla. 2d DCA 1982) (relief denied where thirteen-year delay); Remp, 248 So. 2d at 677-78 (same). Further, the State has undoubtedly been prejudiced by the delay, as it cannot now contest Bartz’s allegations because the transcript below has long sinc…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Baggett v. Louie L. Wainwright, 229 So. 2d 239 (Fla. 1969)
- Cleveland Hollingshead v. Louie L. Wainwright, 194 So. 2d 577 (Fla. 1967)
- Remp v. State, 248 So. 2d 677 (Fla. 1st DCA 1970)
- Sinclair Ref. Co. v. Ada Smith, 248 So. 2d 677 (Fla. 1st DCA 1971)
- Bashlor v. Louie L. Wainwright, 369 So. 2d 695 (Fla. 1st DCA 1978)
- Broxson v. Louie L. Wainwright, 271 So. 2d 478 (Fla. 1st DCA 1973)