WILLIE PINKNEY WILSON AND FULTON LEWIS TERRELL WILSON, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE
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Willie Pinkney Wilson and Fulton Lewis Terrell Wilson appealed the denial of their collateral attack petition seeking post-conviction relief based on incompetent counsel. The appellants, convicted of first-degree murder and sentenced to death in 1967, challenged the trial court's rejection of their ineffective assistance of counsel claim.
The District Court of Appeal affirmed the denial of post-conviction relief. The court held that the trial record contained ample, competent evidence supporting the trial judge's decision, and that the Florida Supreme Court's specific finding that appellants were furnished competent counsel was binding on the District Court and could not be reversed.
[1] A court reviewing a collateral attack on a conviction must sustain the trial court's judgment when the record contains ample, competent evidence supporting it.
[2] Resolution of conflicts in testimony presented during collateral attack proceedings is a function solely for the trier of fact.
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Join FLexlaw to unlock all legal intelligence“The record reveals that competent, aggressive and capable counsel was provided the defendants, that the trial was conducted in an orderly manner with great care exercised to comply with the rules of evidence and procedure”
The Florida Supreme Court's finding on direct appeal regarding the adequacy of counsel, which the District Court found binding
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Join FLexlaw to unlock all legal intelligenceOn March 13, 1967, a service station employee was killed in Marion County, Florida. Appellants were indicted for premeditated murder in the first degr…
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Appellants bring this appeal from a denial of their collateral attack seeking post-conviction relief upon the ground of incompetent counsel.
On March 13, 1967, a service station employee was killed in Marion County, Florida. Appellants were indicted for the crime of premeditated murder in the first degree, found guilty without recommendation of mercy, and sentenced to death. Their judgments of conviction were reviewed by the Supreme Court of Florida1 and affirmed.2 In its opinion, the Supreme Court of Florida held:
“We have considered not only the matters which have been urged in the briefs and argument of counsel but also have carefully examined the record to ‘review the evidence to determine if the interests of justice require a new trial’ as required by Sec. 924.32(2), Fla.Stat., F.S. A., and also to ascertain if any other fundamental error occurred which would require a reversal or modification.
“The record reveals that competent, aggressive and capable counsel was provided the defendants, that the trial was conducted in an orderly manner with great care exercised to comply with the rules of evidence and procedure, that the instructions to the jury were appropriate and complete, and that every reasonable safeguard to due process and fair trial was exercised.”
Appellant urges this Court to reverse the trial judge’s denial of relief upon the evidence adduced in the collateral attack proceedings. A review of this record reflects a sharp conflict in the testimony of the witnesses produced by the respective parties. It is axiomatic that the resolution of conflicts in testimony is a function to be exercised solely by the trier of fact. The record before us contains ample, competent evidence which dictates that the judgment of the trial court must be sustained.
There exists an equally compelling reason for affirming this judgment. On the direct appeal of the judgments of conviction of these appellants, the Supreme Court of Florida, after observing their responsibility to review the evidence to determine if the interests of justice required *482a new trial, specifically found that appellants were furnished competent counsel. It is not a prerogative of this Court to reverse a specific finding by the Supreme Court.
The judgment appealed is affirmed.
JOHNSON and CARROLL, DONALD K., JJ., concur.
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Cited By
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Douglass v. Hill, 281 So. 2d 903 (Fla. 1st DCA 1973)…JJ., concur. . Hill v. Douglass, 248 So. 2d 182 (1 Fla.App.1971), and Hill v. Douglass, 271 So. 2d 1 (Fla.1972). . 32 F.S.A., 1970. . Hill v. Douglass, 271 So. 2d 1 (Fla.1972). . Marley v. Saunders, 249 So. 2d 30 (Fla.1971). . Wilson v. State, 280 So. 2d 480, Opinion filed July 17, 1973.…
Authorities Cited
- Wilson v. State, 225 So. 2d 321 (Fla. 1969)
- Wilson v. State, 271 So. 2d 166 (Fla. 1st DCA 1972)