MADISON LEE REYNOLDS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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This case involves a prisoner's second petition for post-conviction relief, which the appellate court found should not have been summarily dismissed. The court held that the prisoner's first petition was not adequately considered, thus the second petition was not barred.
No, a second petition is not barred if the first petition was not adequately considered. The court need not entertain a second petition only if the first was adequately considered.
“the invocation of that part of CrPR 1.850, 33 F.S.A., which provides that the court need not entertain a second or successive petition presupposes adequate consideration of the first.”
This quote establishes the legal principle that a second petition is only barred if the first was adequately considered.
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Join FLexlaw to unlock all legal intelligenceThe appellant, Madison Lee Reynolds, filed two handwritten petitions for post-conviction relief. The trial court disposed of both summarily. Reynolds …
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This appeal differs from Case No. 68-506, 224 So.2d 769, only in that it is taken from an order entered after a second petition. Both were disposed of summarily, and the invocation of that part of CrPR 1.850, 33 F.S.A., which provides that the court need not entertain a second or successive petition presupposes adequate consideration of the first. Archer v. State, Fla.App.1964, 166 So.2d 163.
Reynolds’ petitions were handwritten and he did not have counsel until this court relinquished jurisdiction to the trial court for appointment of counsel. His first petition in DeSoto County was thus not properly considered and does not bar the second.
Reversed and remanded for further proceedings not inconsistent with this opinion and that filed in Case No. 68-506.
HOBSON, C. J., and PIERCE, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Madison Lee Reynolds, 238 So. 2d 600 (Fla. 1970)…ADKINS, Justice. By petition for certiorari, we are requested to review a decision of the District Court of Appeal, Second District (224 So. 2d 772) because of alleged conflict with prior decision of this Court. This case differs from State v. Reynolds, Fla., 238 So. 2d 598 only in that it involves an order entered by the Circuit Judge of another county after a second petition for post-convict…
Authorities Cited
- Madison Lee Reynolds v. State, 224 So. 2d 769 (Fla. 2d DCA 1969)
- Archer v. State, 166 So. 2d 163 (Fla. 2d DCA 1964)