JULIUS P. BROXSON, PETITIONER,
v.
LOUIE L. WAINWRIGHT, DIRECTOR, DIVISION OF CORRECTIONS, STATE OF FLORIDA, RESPONDENT
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The court held that the doctrine of laches applies to preclude a belated appeal in this habeas corpus proceeding.
Petitioner was convicted of robbery in 1957 and sought a belated appeal via habeas corpus in 1967. His prior collateral attack resulted in an affirman…
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Petitioner, Julius P. Broxson, in seeking a writ of habeas corpus alleges that in the year 1957 he was convicted, by jury verdict, in the Circuit Court of Santa Rosa County, Florida, of the crime of robbery, and sentenced to a period of twenty years. Petitioner further alleges that he was rep*479resented by private counsel; and that after his conviction, following counsel’s advice, he informed the court of his desire to appeal and his inability to raise funds to prosecute same. This court’s records reflect that on March 28, 1967, a judgment of affirmance was entered pursuant to petitioner’s collateral attack on the foregoing judgment of conviction (197 So.2d 61).
In Remp v. State, 248 So.2d 677 (1 Fla.App.1970), this court in considering a similar factual situation held the doctrine of laches applicable which precluded the right of petitioner to a belated appeal.
Upon the authority of Remp v. State, supra, we decline to issue the rule nisi and the petition for writ of habeas corpus is hereby denied.
SPECTOR, C. J., and RAWLS and JOHNSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Blatch v. State, 389 So. 2d 669 (Fla. 3d DCA 1980)…been a lack of due diligence by the defendant and prejudice to the State, see Remp v. State, 248 So. 2d 677 (Fla.1st DCA 1970), might apply to Blatch’s claim. See also Babson v. Wainwright, 376 So. 2d 1187 (Fla.5th DCA 1979); Broxson v. Wainwright, 271 So. 2d 478 (Fla.1st DCA 1973). But the claim which Blatch asserts, ineffectiveness of retained counsel, was not viable in Florida during the 28 years after his conviction and before the filing of his Rule 3.850 motion. See State v. Garmise, supra. Under these…
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Smith v. Louie L. Wainwright, 425 So. 2d 618 (Fla. 2d DCA 1982)…ve transpired from even that date. Bashlor v. Wainwright, 369 So. 2d 695 (Fla. 1st DCA 1978), notwithstanding, we find that the laches doctrine of Remp v. State, 248 So. 2d 677 (Fla. 1st DCA 1970), is applicable here. See also Broxson v. Wainwright, 271 So. 2d 478 (Fla. 1st DCA 1973). Accordingly, this petition for writ of habeas corpus is hereby denied. SCHEB, A.C.J., and CAMPBELL and LEHAN, JJ., concur.…
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Hilbert Walker v. Louie L. Wainwright, 411 So. 2d 1038 (Fla. 1st DCA 1982)…ce the time this state recognized Bashior’s claim as actionable. In Mr. Walker’s case, the state asserts prejudice to it due to Mr. Walker’s delay. In this case, the doctrine of laches applies to preclude this belated appeal. Broxson v. Wainwright, 271 So. 2d 478 (Fla. 1st DCA 1973); and Remp v. State, 248 So. 2d 677 (Fla. 1st DCA 1970). Petitioner has attached pages from his trial transcript showing he had been advised of his right to appeal and to have counsel appointed for this purpose, should he be indig…
Authorities Cited
- Remp v. State, 248 So. 2d 677 (Fla. 1st DCA 1970)
- Sinclair Ref. Co. v. Ada Smith, 248 So. 2d 677 (Fla. 1st DCA 1971)
- Henning Ryfoss v. Ryfoss, 197 So. 2d 61 (Fla. 4th DCA 1967)
- Broxson v. State, 197 So. 2d 61 (Fla. 1st DCA 1967)