Harper v. Wainwright

Supreme Court of Florida

Harper v. Wainwright

184 So. 2d 881, 1966 Fla. LEXIS 3808

CourtSupreme Court of Florida

DecidedApril 6, 1966

DocketNo. 35244

StatusPublished

This text of 184 So. 2d 881 (Harper v. Wainwright) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Harper v. Wainwright, 184 So. 2d 881, 1966 Fla. LEXIS 3808 (Fla. 1966).

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Opinion

PER CURIAM.

Petitioner Harper seeks release from the State Prison on an application for a writ of habeas corpus. After a thorough examination of the petition with the exhibits attached, the writ is denied. Denial shall be without prejudice to the right of the petitioner to apply to the trial court under Criminal Procedure Rule #1, F.S.A. ch. 924 Appendix, for a hearing on (1) his claim that his motion for a new trial following his initial conviction was never acted upon by the trial judge and, (2) his further claim that, though indigent, he was denied the assistance of counsel to appeal his original conviction. Upon the filing of any such motion by the petitioner the trial judge is authorized to appoint counsel to assist the petitioner in the presentation, hearing and disposition of his motion.

Attached to the petition for habeas corpus here are numerous exhibits in the form of letters and other documents. These will be returned to the petitioner upon request should they be needed in connection with any further proceeding in the trial court.

It is so ordered.

THORNAL, C. J., and DREW, O’CON-NELL, CALDWELL and ERVIN, JJ., concur.

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PER CURIAM.

Petitioner Harper seeks release from the State Prison on an application for a writ of habeas corpus. After a thorough examination of the petition with the exhibits attached, the writ is denied. Denial shall be without prejudice to the right of the petitioner to apply to the trial court under Criminal Procedure Rule #1, F.S.A. ch. 924 Appendix, for a hearing on (1) his claim that his motion for a new trial following his initial conviction was never acted upon by the trial judge and, (2) his further claim that, though indigent, he was denied the assistance of counsel to appeal his original conviction. Upon the filing of any such motion by the petitioner the trial judge is authorized to appoint counsel to assist the petitioner in the presentation, hearing and disposition of his motion.

Attached to the petition for habeas corpus here are numerous exhibits in the form of letters and other documents. These will be returned to the petitioner upon request should they be needed in connection with any further proceeding in the trial court.

It is so ordered.

THORNAL, C. J., and DREW, O’CON-NELL, CALDWELL and ERVIN, JJ., concur.

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Bluebook (online)

184 So. 2d 881, 1966 Fla. LEXIS 3808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harper-v-wainwright-fla-1966.