Baker v. Wainwright, 25278.
Decision Date | 14 March 1968 |
Docket Number | No. 25278.,25278. |
Citation | 391 F.2d 248 |
Parties | Clinton William BAKER, Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, Appellee. |
Court | U.S. Court of Appeals — Fifth Circuit |
Clinton William Baker, pro se.
George R. Georgieff, Asst. Atty. Gen., Tallahassee, Fla., for appellee.
Before WISDOM, BELL and DYER, Circuit Judges.
Appellant is a Florida convict who is presently serving a sentence for the offense of robbery. He sought habeas corpus relief in the district court on the ground that he was denied the right to counsel on the appeal from this conviction. The court denied relief without a hearing.
The sole issue presented by this appeal is whether an evidentiary hearing should have been held on this petition based on appellant's allegations that appointed trial counsel refused to represent him on appeal, that he was not offered appellate counsel, that he did not waive this right and that he was thus deprived by the State of Florida of a meaningful appeal. Appellant alleges that he was convicted on January 21, 1965, and filed an affidavit of insolvency on or about April 28, 1965, and a pro se notice of appeal and assignment of errors on April 22, 1965. He alleges that the state court did not enter its order allowing him to appeal in forma pauperis until April 28, 1965, and at no time apprised him of his right to court-appointed counsel to prosecute that appeal.
In Entsminger v. Iowa, 1966, 386 U.S. 748, 87 S.Ct. 1402, 18 L.Ed.2d 501, the Supreme Court said:
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Baker v. Wainwright
...436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). 3 Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908 (1964). 4 Baker v. Wainwright, 391 F.2d 248 (5th Cir. 1968). 5 Douglas v. California, 372 U.S. 353, 83 S.Ct. 814, 9 L.Ed.2d 811 6 Baker v. State, 217 So.2d 880 (Fla.App. 1969). 7 State......
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Dixon v. Beto, Civ. A. No. 70-H-643.
...18 L.Ed.2d 33 (1967); Douglas v. People of State of California, 372 U.S. 353, 83 S.Ct. 814, 9 L.Ed.2d 811 (1963); Baker v. Wainwright, 391 F.2d 248 (5th Cir., Mar. 14, 1968)." Tindol at 584. (The court then held that if Texas should grant appellant a meaningful appeal the constitutional inf......
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Beto v. Martin, 25282.
...must be known to the court that the defendant wishes to appeal. See Harris v. United States, 5 Cir., 1968, 389 F.2d 727; Baker v. Wainwright, 5 Cir., 1968, 391 F.2d 248; Edge v. Wainwright, 5 Cir., 1965, 347 F.2d 190; Pate v. Holman, 5 Cir., 1965, 341 F.2d Here it appears that Martin, at th......
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Rosa v. United States
...counsel to take an appeal or of the trial court to advise him of his right to appeal and right to counsel on appeal. See Baker v. Wainwright, 5 Cir., 1968, 391 F.2d 248; Dodd v. United States, 9 Cir., 1963, 321 F.2d 240; Doyle v. United States, 9 Cir., 1966, 366 F.2d 394. It would also prov......