GENE HALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Gene Hall appeals an order denying his motion under Criminal Rule No. 1 to vacate his conviction for assault with intent to commit manslaughter. The First District Court of Appeal affirmed the lower court's denial of his motion and rejected his request for a full trial transcript, holding that an indigent appellant in a collateral attack is entitled only to transcripts pertinent to the collateral attack itself, not the entire trial record.
An indigent person who appeals from an order denying relief in a collateral attack under Criminal Rule No. 1 is not entitled to a complete transcript of the trial proceedings. He is entitled only to transcripts of all proceedings pertinent to the collateral attack itself.
“An indigent person who appeals from an order denying relief pursuant to a collateral attack under Criminal Rule No. 1 upon a judgment and sentence as therein contemplated is not entitled to be furnished with a transcript of the character sought by the motion in this case.”
Establishes the core holding that indigent appellants in collateral attacks have limited entitlement to transcripts
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceGene Hall was charged with assault with intent to commit murder in the first degree. He was tried by jury in September 1960 and convicted of the lesse…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Transcript Of Proceedings cases and more on FLexlaw
The appellant seeks review of an order denying his motion under Criminal Rule No. 1, F.R.C.P., F.S.A. ch. 924 Appendix to vacate a judgment and sentence entered pursuant to trial by jury. He was convicted of an assault with intent to commit manslaughter.
There has been filed in this court what appears to be a full and complete transcript of all pertinent pleadings upon which to competently dispose of said collateral attack, consisting of certified copies of the following:
(Date Filed) (Nature of Document)
May 2, 1960 —The Information, charging appellant with assault with intent to commit murder in the first degree.
May 4, 1960 —-Minutes of Court showing arraignment and plea of not guilty.
September 1, 1960 ■ — Minutes of Court reflecting trial by jury and verdict finding appellant guilty of an assault with intent to commit manslaughter.
September 20, 1960 — Minutes of Court adjudging appellant guilty and sentencing him according to law.
October 23, 1963 —Appellant’s Motion under Rule 1, Florida Rules of Criminal Procedure, to vacate said judgment and conviction.
October 23, 1963 —Order denying said motion.
January 23, 1964 - — Appellant’s Motion to trial court for extension of time in which to file Notice of Appeal.
January 24, 1964 - — Order denying said motion.
February S, 1964 —Second Motion of appellant under Rule No. 1, F.R. C.P., to vacate and set aside said judgment of conviction and sentence thereon.
February 5, 1964 —Appellant’s Oath of Insolvency and Motion to proceed in forma pauperis.
February 14, 1964 — Order denying second Motion to vacate, etc.
February 28, 1964 — Another Motion in the form of a letter, seeking to vacate said judgment and sentence.
February 28, 1964 — Motion for Appointment of Counsel to represent appellant on this appeal.
February 28, 1964 — Oath of Insolvency and Motion to proceed in forma pauperis.
March 13, 1964 —Second Motion for Appointment of Counsel to represent appellant herein.
*430(Date Filed) (Nature of Document)
March 13, 1964 —Second Oath of Insolvency and Motion to proceed in forma pauperis.
March 13, 1964 —Order denying said motion for appointment of counsel.
March 27, 1964 —Petition for Writ of Habeas Corpus addressed to the trial court.
March 27, 1964 —Oath of Insolvency and Motion to proceed in forma pauperis.
March 27, 1964 —Order denying petition for writ of habeas corpus.
April 27, 1964 —Notice of Appeal from the said order entered February 14, 1964.
April 27, 1964 —Assignment of Error to which is attached a copy of said order of March 27, 1964.
April 27, 1964 —Directions to the clerk of trial court for making up the transcript on this appeal, in which the clerk is instructed “to prepare a complete transcript, including but not necessarily being limited to the following:
“1. All papers, letters, exhibits and undertakings of all kind.
“2. Transcripts of testimony including closing arguments by counsel to the Court.
“3. To forward copies of same to the First (1st) District Court of Appeal; the Attorney General of the State of Florida, and, to the Appellant.”
April 27, 1964 —Oath of Insolvency and Motion to proceed in forma pauperis, on which is appended under date of April 28, 1964, an adjudication of insolvency by the circuit judge.
The appellant has now lodged in this court a motion to require the clerk of the circuit court to prepare and file with this court, in addition to the above recited record, a complete transcript of the trial proceedings, including “all papers, letters, exhibits and undertakings of all kind, transcripts of testimony, including closing arguments by counsel to the court.” An indigent person who appeals from an order denying relief pursuant to a collateral attack under Criminal Rule No. 1 upon a judgment and sentence as therein contemplated is not entitled to be furnished with a transcript of the character sought by the motion in this case. He is entitled, of course, to be furnished with a transcript of all proceedings pertinent to the collateral attack made under the rule and in this case that appears to have been done. The motion should be denied and it is so ordered.
Motion denied.
STURGIS, C. J., and WIGGINTON and CARROLL, DONALD K., JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Cassoday v. State, 237 So. 2d 146 (Fla. 1970)…ave the State furnish a transcript of only that portion of the trial proceeding to which his motion was directed or concerned in the event he seeks an appeal from an adverse ruling. Harris v. State, 161 So. 2d 885 (Fla.App.1st, 1964); Hall v. State, 165 So. 2d 428 (Fla.App.1st, 1964); Gilliard v. State, 171 So. 2d 902 (Fla.App.2d, 1965); Conyers v. State, 200 So. 2d 821 (Fla.App.1st, 1967). The petitioner does not allege that the trial transcript is pertinent to any pending appeal from the judgment of convic…
-
Stewart v. State, 184 So. 2d 489 (Fla. 4th DCA 1966)…e language of assignments from the original judgment and sentence are entirely unnecessary, and, more importantly, there is no reason to bring to this court the trial proceedings and the reporter’s transcribed notes. See Hall v. State, Fla.App.1964, 165 So. 2d 428. Nothing alleged in the motion presents any questions of fact arising at the trial for determination by this court. A Rule One motion does not bring to the appellate court questions of sufficiency of the evidence, errors of law, or other procedural…
-
Colonel v. State, 723 So. 2d 853 (Fla. 3d DCA 1998)…is not necessarily entitled to a complete transcript of the trial, he is entitled to a transcript of all proceedings pertinent to his collateral attack on a posteonviction motion. See Cassoday v. State, 237 So. 2d 146, 147 (Fla.1970); Hall v. State, 165 So. 2d 428, 430 (Fla. 1st DCA 1964). Thus, Colonel is entitled to a free transcript of the hearing on his 3.850 motion. The second question is whether the State or the County must pay for Colonel’s transcript. There is statutory authority to assign the respon…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence