STANLEY HOWARD PETERSON, PETITIONER,
v.
LOUIE L. WAINWRIGHT, DIRECTOR, DIVISION OF CORRECTIONS, RESPONDENT
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The Florida Supreme Court, pursuant to a remand from the U.S. Supreme Court, vacated its prior judgment and appointed a special commissioner to hear evidence on whether the petitioner was denied the right to counsel when he entered his guilty plea. This case addresses fundamental Sixth Amendment protections in criminal proceedings.
The Florida Supreme Court must hold a hearing to determine whether petitioner was denied assistance of counsel when he pleaded guilty. A special commissioner was appointed to conduct evidentiary hearings and make findings and recommendations on this constitutional issue.
“we must now provide a hearing to determine whether the petitioner was deprived of any constitutionally required assistance of counsel when he pleaded guilty to the initial charge on January 9, 1961, and again to a lesser included offense on November 9, 1962”
Establishes the court's obligation to hold a hearing on the Sixth Amendment assistance of counsel claim as directed by the U.S. Supreme Court
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePeterson was convicted and received a sentence that was subsequently modified by the Florida Supreme Court on habeas corpus. He had entered a guilty p…
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Pursuant to Peterson’s petition for a writ of habeas corpus we issued the writ but remanded the petitioner for a proper sentence. Peterson v. Wainwright, Fla., 145 So.2d 857. In accord with our mandate the petitioner was taken before the trial judge and a corrected sentence was prescribed on November 9, 1962. Under our original judgment the writ stood discharged when the corrected sentence was entered. Apparently, being dissatisfied with our initial judgment, the petitioner sought review by certiorari in the Supreme Court of the United States. That court has now vacated our judgment and remanded the cause to us “for a hearing on the issue of whether petitioner was denied the assistance of counsel at the time he entered his plea of guilty.” Peterson v. Wainwright, 374 U.S. 108, 83 S.Ct. 1689. In order to comply with the directive of the Supreme Court of the United States, we must now provide a hearing to determine whether the petitioner was deprived of any constitutionally required assistance of counsel when he pleaded guilty to the initial charge on January 9, 1961, and again to a lesser included offense on November 9, 1962. To accomplish this result Honorable Robert Hensley, a Circuit Judge of the 12th Judicial Circuit, is hereby appointed a Commissioner of this Court to hear and cause to be transcribed any and all evidence to be offered by the parties relating to the above-described issues. Upon the completion of the necessary hearings, said Commissioner shall cause to be transmitted to this Court a transcript of the proceedings, together with his findings and recommendations.
It is so ordered.
DREW, C. J., and TERRELL, THOMAS, ROBERTS and THORN AL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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King v. State, 157 So. 2d 440 (Fla. 2d DCA 1963)…an points out that the majority has held in effect that the Gideon decision invalidates convictions entered prior to the time it was rendered. See also the decision of the Florida courts in Roy v. Wainwright, supra; Peterson v. Wainwright, Fla.1963, 155 So. 2d 542; Alford v. Wainwright, Fla.1963, 153 So. 2d 817; 156 So. 2d 1; Savage v. State, Fla.App.1963, 156 So. 2d 566; Mitchell v. Wainwright, Fla.1963, 155 So. 2d 863.…
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Gargan v. State, 217 So. 2d 578 (Fla. 4th DCA 1969)…dant denies violating the probation conditions. To so hold would be analogous to saying that an accused is only entitled to counsel once he pleads to the original charging document. This is clearly not the case. See Peterson v. Wainwright, Fla.1963, 155 So. 2d 542 and Dortch v. State, Fla.App.1964, 165 So. 2d 409. It is apparent from the record that defendant requested the assistance of counsel and in no way could it be said that she waived her rights. Accordingly, the order is reversed and the cause remand…
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Peterson v. Louie L. Wainwright, 157 So. 2d 689 (Fla. 1963)…this case is fully disclosed in the following opinions of this and the United States Supreme Court: (a) Peterson v. Wainwright, 145 So. 2d 857. (b) Peterson v. Wainwright, 374 U.S. 108, S3 S.Ct. 1689, 10 L.Ed.2d 1028. (d) Peterson v. Wainwright, 155 So. 2d 542.…
Authorities Cited
- Peterson v. Wainwright, 374 U.S. 108 (U.S. 1963)
- Peterson v. Louie L. Wainwright, 145 So. 2d 857 (Fla. 1962)