STATE OF FLORIDA, APPELLANT,
v.
JOHN MATTHEW WEEKS, APPELLEE

Fla. | 1964-03-04
No. 32874
DREW, C. J., and THOMAS, ROBERTS, THORNAL, O’CONNELL, CALDWELL and HOBSON (Ret.), JJ., concur.
166 So. 2d 898 Florida Supreme Court (1964) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We have reviewed the subject decision of the District Court of Appeal, Third District, 156 So.2d 36, on a petition for a writ of certiorari. State v. Weeks, Fla., 166 So.2d 892. Having disposed of the matter in the certiorari proceeding it is unnecessary to consider this appeal which is, therefore, dismissed.

It is so ordered.

DREW, C. J., and THOMAS, ROBERTS, THORNAL, O’CONNELL, CALDWELL and HOBSON (Ret.), JJ., concur.


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  • Foxworth v. Wainwright, 167 So. 2d 868 (Fla. 1964)
    …rial judge acted within his sound discretion in denying the request. We have held that in these collateral attacks on criminal judgments, the obvious frivolity of the appeal may be a proper ground for denying state-appointed counsel. State v. Weeks, 166 So. 2d 898, opinion filed March 4, 1964. We issued the writ in the instant case because by the time the matter reached us tire petitioner’s appeal period had expired and he was without other adequate remedies. We could have referred him to the appropriate Dis…

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