JETSON RAY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The Florida Supreme Court addressed a petition for a writ of habeas corpus, finding that factual issues required further testimony to determine the petitioner's custody status, the validity of commitment papers, and the petitioner's right to counsel during his trial.
The Court held that factual issues were presented, requiring the taking of testimony to resolve them.
“The petition and return generate factual issues which necessitate the taking of testimony on the following issues:”
Establishes the court's finding that factual disputes require further proceedings.
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Join FLexlaw to unlock all legal intelligencePetitioner Jetson Ray sought a writ of habeas corpus, raising questions about his custody status, potential clerical errors in his commitment papers, …
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The petition and return generate factual issues which necessitate the taking of testimony on the following issues:
(a) Whether the petitioner is in custody under a commitment issued pursuant to a judgment of conviction.
(b) Whether the case number on petitioner’s commitment papers is a clerical error.
(c) Whether petitioner at his trial, which resulted in his conviction,, had the assistance of counsel, and, if not, whether he understandingly and intelligently waived such assistance or was able to provide a lawyer himself.
The Honorable Roger A. Barker, a Circuit Judge of the Ninth Judicial Circuit, is appointed a Commissioner, to take such testimony as shall be deemed necessary on the issues above-described, and thereafter with all convenient speed report the same, together with his findings and recommendations to this Court.
The petitioner’s motion to proceed in forma pauperis is granted. The Commissioner is authorized to appoint an attorney to represent the petitioner in these proceedings.
It is so ordered.
THORNAL, C. J., and THOMAS, ROBERTS, DREW and O’CONNELL, JJ., concur.