EDWARD COTY CHAYTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court affirmed the trial court's denial of post-conviction relief. The court held that the admissibility of evidence from the original trial could not be raised in a collateral proceeding under Criminal Procedure Rule No. 1.
No, the admissibility of evidence from an original trial is not available for review in a collateral proceeding under Criminal Procedure Rule No. 1.
“The propriety of the admission of evidence in the original trial is not available in a collateral proceeding under Criminal Procedure Rule No. 1.”
Establishes the core legal principle that evidence admissibility from the original trial cannot be reviewed in a post-conviction relief proceeding.
The appellant, who was convicted of a crime after a trial, sought post-conviction relief. His sole argument on appeal concerned the admissibility of e…
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The appellant, defendant in the trial court, seeks review of an adverse order on his petition for post-conviction relief, pursuant to the provisions of Criminal Procedure Rule No. 1 F.S.A. ch. 924 Appendix. In contending that the trial judge committed error in entering the order on the petition, the only point preserved for review on appeal concerns the admissibility of evidence at the time of the original trial.
*383The appellant was originally informed against in three separate informations. He pleaded not guilty, retained his own counsel and, following a trial, was duly convicted and adjudicated guilty. The propriety of the admission of evidence in the original trial is not available in a collateral proceeding under Criminal Procedure Rule No. 1. See and compare: Austin v. State, Fla.App.1964, 160 So.2d 730; Duncan v. State, Fla.App.1964, 161 So.2d 718.
Therefore, the order here under review is hereby affirmed.
Affirmed.
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Joseph v. State, 447 So. 2d 243 (Fla. 3d DCA 1983)…194 So. 2d 29 (Fla. 2d DCA 1967); Brown v. State, 187 So. 2d 669 (Fla. 3d DCA), cert. denied, 192 So. 2d 485 (Fla.1966); Ziegler v. State, 180 So. 2d 477 (Fla. 3d DCA 1965); Coyner v. State, 177 So. 2d 715, 717 (Fla. 3d DCA 1965); Chayter v. State, 176 So. 2d 382 (Fla. 3d DCA 1965); Kirkland v. State, 165 So. 2d 774 (Fla. 3d DCA 1964); Duncan v. State, 161 So. 2d 718 (Fla. 3d DCA 1964); Austin v. State, 160 So. 2d 730, 732-33 (Fla. 2d DCA), appeal dismissed, 164 So. 2d 579 (Fla.1964).…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Austin v. State, 160 So. 2d 730 (Fla. 2d DCA 1964)
- Duncan v. State, 161 So. 2d 718 (Fla. 3d DCA 1964)