HARVEY LEON PRATER, PETITIONER,
v.
LOUIE L. WAINWRIGHT, DIRECTOR, DIVISION OF ADULT CORRECTIONS, RESPONDENT
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The court appointed a commissioner to take testimony on whether the petitioner was wrongfully denied his right to direct appeal, following the precedent of Baggett v. Wainwright that habeas corpus may provide full appellate review when direct appeal rights are denied.
A habeas corpus petition alleging wrongful denial of the right to direct appeal entitles the petitioner to a factual hearing before a commissioner to determine whether appellate review was improperly withheld.
[1] Habeas corpus provides a remedy for a criminal defendant wrongfully denied the right to direct appeal, requiring a factual hearing to determine whether appellate review w…
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Join FLexlaw to unlock all legal intelligenceHarvey Leon Prater is serving a sentence in a state road prison following conviction in Manatee County Court of Record. He petitioned for habeas corpu…
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Upon petition filed initially in this court by petitioner Harvey Leon Prater, we issued an Order to Show Cause to respondent Wainwright as the official custodian of petitioner who is serving a term of imprisonment in a state road prison, pursuant to a judgment of conviction of a criminal offense after trial in the Manatee County Court of Record.
The petition for the writ alleges facts which, if true, would entitle petitioner to a full appellate review of his conviction by habeas corpus, on the authority of Baggett v. Wainwright.1 Respondent has filed his response to the Order to Show Cause, admitting matters of record concerning the conviction but denying all other salient facts alleged and relied upon by petitioner, thus crystallizing the factual issues as to whether petitioner was wrongfully denied his right of direct appeal.
Accordingly, in view of the foregoing and upon authority of the foregoing cases, the Honorable Robert E. Hensley, a Circuit Judge of the 12th 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.2
LILES, A. C. J., and MANN and Mc-NULTY, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Baggett v. Louie L. Wainwright, 229 So. 2d 239 (Fla. 1969)
- Powe v. State, 216 So. 2d 446 (Fla. 1968)
- O'Hara v. Louie L. Wainwright, 233 So. 2d 429 (Fla. 2d DCA 1970)