EARNEST HALL, PETITIONER,
v.
LOUIE L. WAINWRIGHT, DIRECTOR, DIVISION OF CORRECTIONS, STATE OF FLORIDA, RESPONDENT
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This case involves a petition for a writ of habeas corpus where the petitioner claimed his court-appointed counsel refused to take an appeal and failed to inform him of his right to counsel on appeal. The court appointed a commissioner to investigate, who held a hearing. Ultimately, the court denied the petition.
No, the court held that the petition for habeas corpus should be denied, implying that the petitioner's claims were not substantiated.
“Petition for Habeas Corpus is before this court, on grounds, inter alia, that petitioner specifically requested his court appointed counsel to take an appeal for him; that the court appointed counsel refused and that he was not advised of his absolute constitutional right to counsel on such appeal.”
This quote outlines the core allegations made by the petitioner in his habeas corpus petition.
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Join FLexlaw to unlock all legal intelligenceThe petitioner, Earnest Hall, filed a petition for a writ of habeas corpus, alleging that his court-appointed attorney refused to file an appeal on hi…
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PETITION FOR WRIT OF HABEAS CORPUS
Petition for Habeas Corpus is before this court, on grounds, inter alia, that petitioner specifically requested his court appointed counsel to take an appeal for him; that the court appointed counsel refused and that he was not advised of his absolute constitutional right to counsel on such appeal.
This court appointed a circuit judge of the First Judicial Circuit, the Hon. Woodrow M. Melvin, as commissioner of this court to inquire into the truth of the allegations contained in the petition for ha-beas corpus. Said Commissioner conducted a full hearing at which the petitioner testified at length in his own behalf. He was represented by special court appointed counsel in this hearing. The public de*212fender, who represented the petitioner at his original trial, also testified before the Commissioner.
A careful study of the Commissioner’s report and his recommendations, as well as the petition, has been made, and we are of the opinion and hold that the petition should be denied.
WIGGINTON, C. J., and SPECTOR, J., concur.