STATE OF FLORIDA, PETITIONER,
v.
MADISON LEE REYNOLDS, RESPONDENT
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Florida Supreme Court discharged a writ of certiorari in a post-conviction relief case where the circuit judge summarily denied the respondent's motion without determining the merits of his claim that he lacked counsel at critical stages, holding that summary denial on the ground of lack of custody does not preclude review of the underlying constitutional claim.
A circuit judge's summary denial of a post-conviction relief motion based on lack of custody does not preclude appellate review of the underlying claim that the defendant was denied counsel at critical stages of the proceedings.
[1] A circuit court's summary denial of a post-conviction relief petition based on the petitioner's lack of custody does not preclude appellate review of the underlying const…
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Join FLexlaw to unlock all legal intelligenceMadison Lee Reynolds filed a second petition for post-conviction relief while incarcerated in Texas, claiming he was without counsel at critical stage…
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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-conviction relief had been filed. Each petition was denied because respondent was incarcerated in the State of Texas.
The motion to vacate under consideration was the second one filed by respondent, each of which was based upon the contention that respondent was without counsel at critical stages of the proceedings against him. Each of the two denials were based upon the fact that respondent was not “in custody.” Under these circumstances the Court is not precluded from considering the correctness of the summary denial of respondent’s contention that he was without counsel on the ground that this contention was previously rejected, Lawson v. State, Fla., 231 So.2d 205 (opinion filed January 28, 1970), for the question was not determined by the Circuit Judge.
The writ of certiorari is discharged.
ERVIN, C. J., DREW and CARLTON, JJ., and HENDRY, District Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Madison Lee Reynolds, 238 So. 2d 598 (Fla. 1970)
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Flores v. Louie L. Wainwright, 240 So. 2d 816 (Fla. 2d DCA 1970)…ores’ claim that his plea was not made understandingly and voluntarily ought to be heard under Rule 1.850 and that it is not barred by prior presentation to the court so long as it has not been considered and ruled upon. State v. Reynolds, Fla.1970, 238 So. 2d 600. See also Boykin v. Alabama, 1969, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274; Johnson v. Wainwright, Fla.1970, 238 So. 2d 590; Rudolph v. State, Fla.App.1970, 230 So. 2d 14. Flores’ petition adequately asserts that his state-furnished counsel sai…
Authorities Cited
- State v. Madison Lee Reynolds, 238 So. 2d 598 (Fla. 1970)
- Reuel Lawson v. State, 231 So. 2d 205 (Fla. 1970)
- Madison Lee Reynolds v. State, 224 So. 2d 772 (Fla. 2d DCA 1969)