NELSON WALKER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The Florida District Court of Appeal affirmed the denial of a second petition for post-conviction relief, finding that the petitioner failed to allege sufficient facts to support his claims regarding court-appointed counsel and compulsory process.
No, the trial court did not err. The claim regarding counsel was without merit, and the claim regarding compulsory process lacked sufficient factual allegations to warrant an evidentiary hearing.
“This appeal questions the correctness of a denial of a second Rule 1, F.S.A. ch. 924 Appendix, petition, without an evidentiary hearing.”
This quote establishes the core issue on appeal: the denial of a second post-conviction relief petition without a hearing.
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Join FLexlaw to unlock all legal intelligenceThe appellant filed a second petition for post-conviction relief, raising two new grounds: that his court-appointed counsel refused to secure witnesse…
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This appeal questions the correctness of a denial of a second Rule 1, F.S.A. ch. 924 Appendix, petition, without an evidentiary hearing. The second petition contained two additional grounds which were not urged in the original petition. First, that the court-appointed counsel refused to secure witnesses on the defendant’s behalf and, second, that the court refused compulsory process to obtain witnesses on the defendant’s behalf.
We find no merit' in the first contention relative to defendant’s counsel refusing to secure defense witnesses. See: Jackson v. State, Fla.App.1964, 166 So.2d 194. As to the court refusing compulsory process, the appellant relies heavily on Byers v. State, Fla.App.1964, 163 So.2d 57. The petition in Byers v. State, supra, alleged facts to support the bare allegation consistent with the opinion in Austin v. State, Fla.App. 1964, 160 So.2d 730. There are no facts alleged in the petition involved in the instant proceeding and, therefore, we find no error on the part of the trial judge in denying the petition. See: Ballard v. State, Fla.App. 1967, 200 So.2d 597 (opinion filed June 27, 1967); State v. Weeks, Fla. 1964, 166 So.2d 892.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Riley v. State, 214 So. 2d 766 (Fla. 2d DCA 1968)…about appealing his conviction. This is virtually the identical ground raised in the present motion as the only basis for seeking post-conviction relief. The order here appealed was properly entered under authority of Walker v. State, Fla.App.1967, 201 So. 2d 818; Colebrook v. State, Fla.App.1966, 191 So. 2d 309; and Fields v. State, Fla.App.1967, 202 So. 2d 226. Particularly is this true where a prior denial upon substantially the same ground has been affirmed on appeal. Thompson v. State, Fla.App.1966, 18…
Authorities Cited
- State v. Weeks, 166 So. 2d 892 (Fla. 1964)
- Austin v. State, 160 So. 2d 730 (Fla. 2d DCA 1964)
- Jackson v. State, 166 So. 2d 194 (Fla. 3d DCA 1964)
- Byers v. State, 163 So. 2d 57 (Fla. 3d DCA 1964)
- Ballard v. State, 200 So. 2d 597 (Fla. 3d DCA 1967)