Baggett v. Wainwright
| Decision Date | 13 May 1970 |
| Docket Number | No. 38768,38768 |
| Parties | Aaron A. BAGGETT, Petitioner, v. Louie L. WAINWRIGHT, Director, Division of Corrections, Respondent. |
| Court | Florida Supreme Court |
Brian T. Hayes, Asst. Public Defender, for petitioner.
Earl Faircloth, Atty. Gen., Wallace E. Allbritton and Raymond L. Marky, Asst. Attys. Gen., for respondent.
Pursuant to our directions in Baggett v. Wainwright, Fla.1969, 229 So.2d 239, Honorable William K. Love, Circuit Judge of the Tenth Judicial Circuit, has submitted to this Court his report as the appointed Commissioner in this cause. Said report contains the following findings:
Upon a thorough consideration of the findings of Commissioner Love, we conclude the allegations set forth by Petitioner Baggett as a basis for relief (see Baggett v. Wainwright, supra) are factually resolved so as to necessitate discharge of the writ of habeas corpus previously issued.
It is so ordered.
To continue reading
Request your trial
-
Trowell v. State
...opinion, Judge Ervin relies upon two Florida Supreme Court cases, Baggett v. Wainwright, 229 So.2d 239 (Fla.1969), writ discharged, 235 So.2d 486 (Fla.1970), and State v. District Court of Appeal, First District, 569 So.2d 439 (Fla.1990), and a United States Supreme Court case, Rodriquez v.......
-
Severson v. Duff, 70-322-Civ-J.
...issue of the statute's constitutionality, does not, perhaps, constitute sufficient state action under state law to meet Baggett v. Wainwright, 235 So.2d 486 (Fla. 1970). Indeed, the Florida courts have held that even a court clerk's failure to forward a notice of appeal was an inadequate gr......
-
Hopkins v. Hopper
...and may presume that his retained counsel will protect his appellate rights. See Pate v. Holman, 341 F.2d 764 (5th Cir.); Baggett v. Wainwright, 235 So.2d 486(Fla.). There is nothing in the record, though, to show that petitioner was indigent at the time of his conviction or that he took an......
-
Stephenson v. State, 93-00405
...Stephenson belated review of the merits of his appeal. See Meyer; Baggett v. Wainwright, 229 So.2d 239 (Fla.1969), writ discharged, 235 So.2d 486 (Fla.1970). However, our supreme court made it clear in First District that "henceforth petitions for belated appeal because of ineffective assis......