MILTON GILLIARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a petition for post-conviction relief based on perjured testimony is insufficient if it fails to allege the prosecutor knowingly used such testimony.
Appellant sought post-conviction relief, alleging his conviction was based on perjured testimony. The petition did not allege the prosecutor knew the …
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Milton Gilliard appeals an order denying his petition for post conviction relief filed pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix. The petition alleged, inter alia, that the defendant was convicted by perjured testimony. Other allegations pertain to questions which are not proper subjects for Rule 1 relief.
In Brown v. State, Fla.App.1964, 163 So.2d 335, the Third District Court of Appeal held that a defendant is entitled to a hearing on a petition which alleged “use of perjured testimony while the same was known by the State to be such * * In the instant case, the petition is defective in that it fails to allege that the prosecutor “knowingly” used perjured testimony. An allegation merely to the effect that the prosecuting attorney “helped” a witness commit perjury without alleging the required scien-ter is insufficient.
On petitioner’s directions to the clerk tlie State was put to considerable expense to send up the entire transcript of testimony much of which was not material to this appeal. This was a palpable abuse of privilege. In Harris v. State, Fla.App.1964, 161 So.2d 885, the First District properly held:
“ * * * q^e appellant is entitled only to a transcript of the proceedings relating to the collateral attack made by him pursuant to Criminal Procedure Rule Number One * * (Emphasis added.)
Affirmed.
SMITH, C. J., and SHANNON and WHITE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cassoday v. State, 237 So. 2d 146 (Fla. 1970)…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 conviction or from an order denying a motion for post-convict…
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Estevez v. State, 206 So. 2d 697 (Fla. 2d DCA 1968)…la.App.1964, 167 So. 2d 312; Ingrim v. State, Fla.App.1964, 166 So. 2d 805; Austin v. State, Fla.App.1964, 160 So. 2d 730; Hall v. State, Fla.App.1964, 162 So. 2d 324; Byers v. State, Fla.App.1964, 163 So. 2d 57; and Gilliard v. State, Fla.App.1965, 171 So. 2d 902. There is no allegation here or even intimation that any State witness gave perjured testimony, let alone that the prosecuting officials knowingly permitted such perjured testimony to be given. The testimony of only one State witness was even allud…
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Lucious Stringer v. State, 246 So. 2d 136 (Fla. 4th DCA 1971)…Fla., 222 So. 2d 749; Gammage v. State, Fla.App.1964, 162 So. 2d 529. See also Austin v. State, Fla.App.1964, 160 So. 2d 730; Brown v. State, Fla.App.1964, 163 So. 2d 335; Hall v. State, Fla.App.1964, 162 So. 2d 324; Gilliard v. State, Fla.App.1965, 171 So. 2d 902; Buchanan v. State, Fla.App.1966, 184 So. 2d 225; Smith v. United States, 9 Cir. 1958, 259 F. 2d 125; 24 U. of M.L.Rev. 218 (1970). Appellant’s motion fails to meet this test. Accordingly, the order appealed from is affirmed. Affirmed. CROSS, C.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gerald "Pops" Brown v. State, 163 So. 2d 335 (Fla. 3d DCA 1964)
- Harris v. State, 161 So. 2d 885 (Fla. 1st DCA 1964)