ARTHUR MILLINER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ARTHUR MILLINER, APPELLANT,
STATE OF FLORIDA, APPELLEE
284 So. 2d 231
Florida District Court of Appeal, Second District (1973)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
Milliner appeals an order denying his re-application for hearing of a motion to vacate sentence under R.Cr.P. 3.850, 33 F. S.A., in which he alleged that his direct appeal had been frustrated by his lack of knowledge of appellate procedure and by his psychiatric instability.
The proper method for raising the issue of deprivation of direct appeal is by petition for writ of habeas corpus. Baggett v. Wainwright, Fla.1969, 229 So. 2d 239; State v. Wooden, Fla.1971, 246 So. 2d 755; Saunders v. Wainwright, Fla.1971, 254 So. 2d 197.
The order appealed is
Affirmed.
HOBSON, A. C. J., and McNULTY and BOARDMAN, JJ., concur.
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State v. Dwyer, 332 So. 2d 333 (Fla. 1976)…trict Court of Appeal in Hill v. State, 302 So. 2d 785 (2nd D.C.A.1974). “. . . whether we agree with the decision of the Supreme Court we must follow it. To quote our erstwhile brother, Judge Mann, in Johnson v. Johnson, Fla.App. [2nd Dist.] 1973, 284 So. 2d 231, we receive the interpretation of the law ‘from our Supreme Court, agreeing with some, disagreeing with some, following all . . . . ’” Therefore, in the case sub judice the rule of stare decisis dictates that the lower court should have followed th…
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State v. Johnston, 553 So. 2d 730 (Fla. 2d DCA 1989)…nsion procedure. “We receive the statutory law from the legislature and its interpretation from our Supreme Court, agreeing with some, disagreeing with some, following all, because our bondage to law is the price of our freedom.” Johnson v. Johnson, 284 So. 2d 231 (Fla. 2d DCA 1973). Due process requires adherence to the legislature’s mandate that before the Department of Motor Vehicles may initiate proceedings to suspend a person’s privilege to operate a motor vehicle, it must first receive the arresting of…
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- Baggett v. Louie L. Wainwright, 229 So. 2d 239 (Fla. 1969)
- State v. Wooden, 246 So. 2d 755 (Fla. 1971)
- Saunders v. Louie L. Wainwright, 254 So. 2d 197 (Fla. 1971)