RICHARD WALLS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The Florida Supreme Court addressed a petition for a writ of habeas corpus, identifying factual disputes regarding the petitioner's indigency, representation by counsel, and waiver of counsel at his 1961 trial. The court appointed a circuit judge as a commissioner to take testimony and make findings on these issues.
Yes, the petition and return present factual issues that necessitate the taking of testimony to determine the petitioner's indigency, representation by counsel, and knowing and intelligent waiver of counsel at his trial.
“The petition and return generate factual issues which require the taking of testimony on the following issues:”
Establishes the need for further factual inquiry.
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Join FLexlaw to unlock all legal intelligenceThe petitioner, Richard Walls, filed a petition for a writ of habeas corpus. The petition and the State's return raised factual questions concerning W…
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The petition and return generate factual ■issues which require the taking of testimony on the following issues:
(a) Whether the petitioner was an indi•gent at the time of his trial in the Hills-'horough County Criminal Court of Record in December, 1961.
(b) Whether the petitioner was repre■sented by counsel at this trial.
(c) If the petitioner did not have coun■sel, whether he knowingly and intelligently ■waived this assistance.
The Honorable I. C. Spoto, a Circuit Judge of the Thirteenth Judicial Circuit, is appointed as a Commissioner to receive such testimony and evidence as may be necessary to determine the above issues, and to report the same, together with his findings and recommendations to this Court. The Commissioner is authorized to appoint counsel to represent the petitioner in this proceeding.
It is so ordered.
THORNAL, C. J., and THOMAS, ROBERTS, O’CONNELL and ERVIN, JJ., concur.
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Rinzler v. Carson, 262 So. 2d 661 (Fla. 1972)…to keep and bear arms, it can determine that certain arms or weapons may not be kept or borne by the citizen. We have specifically held that the Legislature can regulate the use and the manner of bearing certain specific weapons. In Nelson v. State, 195 So. 2d 853 (1967) we held constitutional Section 790.23, Florida Statutes, F.S.A., which makes it unlawful for a convicted felon to have in his possession a pistol, sawed-off rifle, or sawed-off shotgun. In Davis v. State, 146 So. 2d 892 (1962) we held valid S…
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State v. Snyder, 673 So. 2d 9 (Fla. 1996)…. Id. Section 790.23 is intended to protect the public by preventing the possession of firearms by persons who, because of their past conduct, have demonstrated their unfitness to be entrusted with such dangerous instrumentalities. Nelson v. State, 195 So. 2d 853, 855 & n. 8 (Fla.1967). In order to achieve this legislative purpose, section 790.23 must apply following an adjudication of guilt in the trial court. Furthermore, the fact that the predicate conviction is pending on appeal is irrelevant to the legi…
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State v. Anderson, 764 So. 2d 848 (Fla. 3d DCA 2000)…intended to protect the public from persons, who, because [*850] of their past conduct, have - demonstrated they are unfit to be trusted with dangerous instruments such as firearms. See State v. Snyder, 673 So. 2d 9, 10 (Fla.1996); Nelson v. State, 195 So. 2d 853, 855 n. 8 (Fla.1967). The evil contemplated by section 790.23 is clearly the prevention of the possession and the use of firearms by convicted felons. Anderson argues that, given the legislative intent in section 790.25(4) that the section be const…
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