POWELL

v.

ALABAMA

Citator

Cited By (55 total)

• Simpson v. State, 164 So. 2d 224 (Fla. 3d DCA 1964)
  …of a lawyer would result in a trial becoming a “mockery or farcical” so that such an allegation, if proven, would constitute grounds for granting a new trial. In Mitchell v. United States, 104 U.S.App.D.C. 57, 259 F. 2d 787, 794 (1958), cert. den. 358 U.S. 850, 79 S.Ct. 81, 3 L.Ed.2d 86, Judge Prettyman writing for the court, stated: “If a movant under Section 2255 makes no allegations of ineffectiveness or incompetence of counsel, save in matters normally within the realm of counsel’s, judgment, he is n…
• Maxwood Clarence Brumley v. State, 224 So. 2d 447 (Fla. 4th DCA 1969)
  …opinion, sufficient as a matter of law to support a charge that the appellant was denied a right of competent counsel. Simpson v. State, Fla.App.1964, 164 So. 2d 224 and Mitchell v. United States, 1958, 104 U.S.App.D.C. 57, 259 F. 2d 787 (cert. den. 358 U.S. 850, 79 S.Ct. 81, 3 L.Ed.2d 86). It is also our opinion that the vague allegations charging that the arrest and arraignment of the appellant were made in a “passioned” environment were bare conclusions of the pleader and were thus totally insufficient a…
• State v. Daniels, 178 So. 2d 44 (Fla. 2d DCA 1965)
  …of a lawyer would result in a trial becoming a ‘mockery or farcical’ so that such an allegation, if proven, would constitute grounds for granting a new trial. “In Mitchell v. United States, 104 U.S.App.D.C. 57, 259 F. 2d 787, 794 (1958), cert. den. 358 U.S. 850, 79 S.Ct. 81, 3 L.Ed.2d 86, Judge Prettyman writing for the court, stated: “‘If a movant under Section 2255 makes no allegations of ineffectiveness or incompetence of counsel, save in matters normally within the realm of counsel’s judgment, he is n…