STATE OF FLORIDA EX REL. L. C. CRAWFORD, PETITIONER,
v.
HONORABLE LOUIE L. WAINWRIGHT, DIRECTOR, FLORIDA DIVISION OF CORRECTIONS AND EX OFFICIO WARDEN, FLORIDA STATE PRISON, RAIFORD, FLORIDA, RESPONDENT
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The court held that a pending postconviction proceeding under Rule 1.850 is the appropriate avenue to determine claims regarding denial of counsel on appeal.
Petitioner sought a writ of habeas corpus for release or appellate review, alleging denial of counsel on appeal. The respondent argued that the same r…
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This cause is before us on an original petition for a writ of habeas corpus seeking the release of the petitioner who is presently being held in custody under a conviction of first degree murder or, in the alternative, the petitioner seeks to be granted the right of a full appellate review of his judgment of conviction and sentence as may be provided in cases where a person convicted has been deprived of his state constitutional right of appeal by state action. See Hollingshead v. Wainwright, Fla., 194 So.2d 577.
We issued our rule nisi to' the respondent. His return has been filed by the Attorney General contending inter alia that the petition should be dismissed because the same relief is being sought upon identical grounds, denial of counsel on appeal, in a postconviction proceeding under Rule 1.850, 33 F.S.A., which is presently pending’ in this court in case No. K-133. Citing Henderson v. State, Fla., 184 So.2d 646; and Zuniga v. State, 184 So.2d 659 (Fla.App. 1st, 1966), the State has conceded that the question raised by petitioner is one which is determinable under Criminal Procedure Rule 1.850. We agree.
The rule nisi heretofore issued is discharged and the petition herein dismissed without prejudice to petitioner’s right to have his contention regarding counsel on appeal considered under Rule 1.850 in case No. K-133 now pending in this court.
WIGGINTON, C. J. and CARROLL, DONALD K., and SPECTOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Crawford v. Honorable Louie L. Wainwright, 222 So. 2d 188 (Fla. 1969)…PER CURIAM. Petitioner seeks to have this Court review the decision of the District Court of Appeal, First District, reported at State ex rel. Crawford v. Wainwright, 213 So. 2d 755. That decision was rendered August 27, 1968 and rehearing was denied September 19, 1968. The petition for writ of certiorari was filed in this Court November 19, 1968, a Tuesday, and the sixty-first (61st) day after denial of rehearing. It, thus, fa…
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State of Fla. ex rel. Winford Richard McSPADDEN v. Honorable Louie L. Wainwright, 214 So. 2d 894 (Fla. 1st DCA 1968)…PER CURIAM. Petition for writ of habeas corpus is denied without prejudice to petitioner’s right to seek postconviction relief, if any is available, under Criminal Procedure Rule 1.850, 33 F.S.A. See State ex rel. Crawford v. Wainwright, 213 So. 2d 755 (Fla.App. 1st 1968). WIGGINTON, C. J., and CARROLL, DONALD K., and SPECTOR, TJT. concur.…
Authorities Cited
- Cleveland Hollingshead v. Louie L. Wainwright, 194 So. 2d 577 (Fla. 1967)
- Zuniga v. State, 184 So. 2d 659 (Fla. 1st DCA 1966)
- Lehigh Portland Cement Co. & Aetna Cas. & Sur. Co. v. Tabor, 184 So. 2d 646 (Fla. 1966)