BUTZ

v.

NIERSTHEIMER, WARDEN

Citator

Cited By

• Gideon v. Louie L. Wainwright, 153 So. 2d 299 (Fla. 1963)
  …its pronouncements in this instance. In consequence of this view, we initially concluded that the petition was fatally in [*300] sufficient to motivate the issuance of a post-conviction writ. Johnson v. Mayo, 158 Fla. 264, 28 So. 2d 585, cert. den. 329 U.S. 804, 67 S.Ct. 492, 91 L.Ed. 687. By its instant opinion the Supreme Court of the United States has expressly receded from the long-established rule announced in Betts v. Brady, supra. We are now confronted with the responsibility of taking note of the…
• L. v. Hill, 110 So. 2d 464 (Fla. 2d DCA 1959)
  …der the facts of this case amounts to an abuse of discretion by the trial court. In this State there is no absolute duty to furnish counsel for a defendant in a non-capital case. Johnson v. Mayo, 1946, 158 Fla. 264, 28 So. 2d 585, certiorari denied 329 U.S. 804, 67 S.Ct. 492, 91 L.Ed. 687, rehearing denied 329 U.S. 835, 67 S.Ct. 631, 91 L.Ed. 707. However, where the accused is incapable of representing himself adequately on account of age, ignorance, or lack of intelligence, it has been recognized that th…
• McNEAL v. Culver, 113 So. 2d 381 (Fla. 1959)
  …itioner in his defense. No obligation is put upon a trial judge by statute to appoint an attorney for an accused except in capital cases, Sec. 909.21, Florida Statutes 1955, and F.S.A.; Johnson v. Mayo, 158 Fla. 264, 28 So. 2d 585, certiorari denied 329 U.S. 804, 67 S.Ct. 492, 91 L.Ed. 687; Johnson v. Mayo, Fla., 40 So. 2d 134, and no absolute responsibility rested on the judge trying the case to inquire about the wish of the defendant to have the services of legal counsel, Bute v. People of State of Illino…