Rudolph v. Wainwright

District Court of Appeal of Florida

Rudolph v. Wainwright

238 So. 2d 455

CourtDistrict Court of Appeal of Florida

DecidedAugust 7, 1970

DocketNo. 70-258

StatusPublished

This text of 238 So. 2d 455 (Rudolph v. Wainwright) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Rudolph v. Wainwright, 238 So. 2d 455 (Fla. Ct. App. 1970).

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Opinion

MANN, Judge.

The record at the time of Rudolph’s guilty plea was inadequate to show volun-tariness, so we reversed summary denial of his post-conviction petition. Rudolph v. State, Fla.App.1970, 230 So.2d 14. The record of the evidentiary hearing held thereafter does not refute Rudolph’s claim that he was not given notice of the denial of his petition in time to appeal. Respondent concedes in his response to this petition for habeas corpus that he cannot refute this allegation and questions whether further hearing would be useful. We agree. See Cappetta v. Wainwright, Fla.1967, 203 So.2d 609.

Accordingly, we issue the writ to afford appellate review in the manner provided in Baggett v. Wainwright, Fla.1969, 229 So.2d 239.

HOBSON, C. J., and LILES, J., concur.

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MANN, Judge.

The record at the time of Rudolph’s guilty plea was inadequate to show volun-tariness, so we reversed summary denial of his post-conviction petition. Rudolph v. State, Fla.App.1970, 230 So.2d 14. The record of the evidentiary hearing held thereafter does not refute Rudolph’s claim that he was not given notice of the denial of his petition in time to appeal. Respondent concedes in his response to this petition for habeas corpus that he cannot refute this allegation and questions whether further hearing would be useful. We agree. See Cappetta v. Wainwright, Fla.1967, 203 So.2d 609.

Accordingly, we issue the writ to afford appellate review in the manner provided in Baggett v. Wainwright, Fla.1969, 229 So.2d 239.

HOBSON, C. J., and LILES, J., concur.

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238 So. 2d 455, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rudolph-v-wainwright-fladistctapp-1970.

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