WILLIE O'HARA, PETITIONER,
v.
LOUIE L. WAINWRIGHT, DIRECTOR, DIVISION OF ADULT CORRECTIONS, RESPONDENT
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Willie O'Hara filed a petition for habeas corpus challenging the legality of his conviction for a criminal offense after jury trial. The Florida District Court of Appeal issued the writ and appointed a circuit judge as commissioner to take testimony and resolve factual disputes before determining whether O'Hara was entitled to full appellate review through the habeas corpus proceeding.
The court issued the writ of habeas corpus and appointed a circuit judge as commissioner to take testimony and evidence regarding petitioner's allegations and report findings and recommendations to the court for determination of whether petitioner is entitled to full appellate review through the habeas corpus proceeding.
[1] A petition for writ of habeas corpus may be used to obtain appellate review of the legality of a conviction when the facts alleged, if true, would prima facie entitle the…
[2] When a respondent in a habeas corpus proceeding admits matters of record but denies salient factual allegations, factual issues are raised that must be resolved to determ…
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Join FLexlaw to unlock all legal intelligence“The petition for the writ alleges facts which, if true, would prima facie entitle petitioner to a full appellate review as to the legality of his conviction by means of this habeas corpus proceeding as the equivalent of a direct appeal.”
Establishes that habeas corpus can serve as an equivalent to direct appeal when facts alleged support it
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceO'Hara was serving a term of imprisonment in the State Prison pursuant to a judgment of conviction for a criminal offense after jury trial in Hillsbor…
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Upon petition filed initially in this Court by petitioner Willie O’Hara, we issued writ of habeas corpus to respondent Wainwright as the official custodian of petitioner, who is serving a term of imprisonment in the State Prison pursuant to a judgment of conviction of a criminal offense, after jury trial in the Hillsborough County Criminal Court of Record.
The petition for the writ alleges facts which, if true, would prima facie entitle petitioner to a full appellate review as to the legality of his conviction by means of this habeas corpus proceeding as the equivalent of a direct appeal. See Powe v. State, Fla.1968, 216 So.2d 446; Hollingshead v. Wainwright, Fla.1966, 188 So.2d 788; Fla. 1967, 194 So.2d 577; Platt v. Wainwright, Fla.App.1968, 208 So.2d 666; Baggett v. Wainwright, Fla. 1969, 229 So.2d 239, and State ex rel. Ervin v. Smith, Fla. 1964, 160 So.2d 518.
Respondent has filed here his response to the writ, admitting matters of record concerning the conviction, but denying all other salient facts alleged and relied upon by petitioner, thus raising factual issues which must be resolved in determining whether petitioner is entitled to such full appellate review in this proceeding.
*430Therefore, in view of the foregoing and upon authority of the foregoing cases, the Honorable John G. Hodges, a Circuit Judge of the 13th Judicial Circuit of Florida, is appointed a Commissioner to take such testimony and receive such evidence as may be deemed proper or necessary as to petitioner’s allegations and thereafter with all convenient speed report the same, together with his findings and recommendations, to this Court.
So ordered.
HOBSON, C. J., and PIERCE and MANN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Isiah Hamilton v. State, 237 So. 2d 255 (Fla. 2d DCA 1970)…new and material evidence, occurred after the judgment and sentence (Powe v. State, Fla.1968, 216 So. 2d 446; Platt v. Wainwright, Fla.App.1968, 208 So. 2d 666; Baggett v. Wainwright, Fla.1969, 229 So. 2d 239, and O’Hara v. Wainwright, Fla.App.1970, 233 So. 2d 429); and (3) On the record before us, I could not conscientiously say that the trial Judge abused his discretion in denying the motion for post-conviction relief in his findings on the evidence adduced before him (State v. Sears, 1941, 148 Fla. 89, 3…
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O'Hara v. Louie L. Wainwright, 237 So. 2d 560 (Fla. 2d DCA 1970)…issioner “to take such testimony and receive such evidence as may be deemed proper and necessary as to petitioner’s allegations and thereafter with all convenient speed report the same, together with his findings and recommendations, to this Court.” 233 So. 2d 429. In accordance therewith Judge Hodges proceeded to hold such evidentiary hearing on May 6, 1970, and took and received sworn testimony from four witnesses, including Petitioner O’Hara. The testimony was transcribed and, on June 11, 1970, the transc…
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Prater v. Louie L. Wainwright, 238 So. 2d 316 (Fla. 2d DCA 1970)…, together with his findings and recommendations, to this court.2 LILES, A. C. J., and MANN and Mc-NULTY, JJ„ concur. . (Fla.1969), 229 So. 2d 239. See, also, Powe v. State (Fla.1968), 216 So. 2d 446. . See O’Hara v. Wainwright (Fla.App.2d 1970), 233 So. 2d 429.…
Authorities Cited
- Baggett v. Louie L. Wainwright, 229 So. 2d 239 (Fla. 1969)
- Cleveland Hollingshead v. Louie L. Wainwright, 194 So. 2d 577 (Fla. 1967)
- State of Fla. ex rel. Richard W. Ervin v. Smith, 160 So. 2d 518 (Fla. 1964)
- Powe v. State, 216 So. 2d 446 (Fla. 1968)
- Cleveland Hollingshead v. Louie L. Wainwright, 188 So. 2d 788 (Fla. 1966)
- State v. Diamond, 188 So. 2d 788 (Fla. 1966)
- Bivins v. State, 208 So. 2d 666 (Fla. 3d DCA 1968)
- Platt v. Louie L. Wainwright, 208 So. 2d 666 (Fla. 2d DCA 1968)