Cleveland Hollingshead v. Louie L. Wainwright, Director, Division of Corrections.

Decision Date29 July 1966
Docket NumberNo. 34429,34429
Citation188 So.2d 788
PartiesCleveland HOLLINGSHEAD, Petitioner, v. Louie L. WAINWRIGHT, Director, Division of Corrections, Respondent.
CourtFlorida Supreme Court

Cleveland Hollingshead, in pro. per.

Earl Faircloth, Atty.Gen., and James G. Mahorner, Asst.Atty.Gen., for respondent.

PER CURIAM.

The Petitioner alleges, inter alia, that he "has been denied due process of law by the trial court in refusing to furnish counsel, after repeatedly being requested by Petitioner for the purpose of direct appeal to review the conviction, judgment and sentence in instant case." The return denies Petitioner's allegations that he requested his public defender to take an appeal that his public defender refused to file any appellate materials other than a notice of appeal; and his allegation that he wrote a letter to the Court seeking an attorney on his direct appeal. The return further suggests that Petitioner be afforded an evidentiary hearing so that he may have the opportunity to prove those allegations aforementioned.

The Honorable Woodrow Melvin, a Circuit Judge of the First Judicial Circuit of Florida, is appointed a Commissioner to take such testimony as shall be deemed necessary as to the Petitioner's allegations and thereafter with all convenient speed report the same, together with his findings and recommendations to this Court.

The Petitioner is authorized to proceed in forma pauperis. The Commissioner is authorized to appoint an attorney to represent Petitioner in these proceedings.

It is so ordered.

THORNAL, C.J., and ROBERTS, O'CONNELL, CALDWELL and ERVIN, JJ., concur.

To continue reading

Request your trial
5 cases
  • State v. Herzig, 36603
    • United States
    • Florida Supreme Court
    • March 27, 1968
    ... ... 353, 83 S.Ct. 814, 9 L.Ed.2d 811) Hollingshead v. Wainwright, 1966 (Fla., 177 So.2d 477), 384 ... ...
  • Hollingshead v. Wainwright, 27526.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • April 28, 1970
    ...Hollingshead v. Wainwright, 1966, 384 U.S. 31, 86 S.Ct. 1284, 16 L.Ed.2d 333. On remand, the Florida Supreme Court in Hollingshead v. Wainwright, Fla.1966, 188 So.2d 788, appointed a commissioner to hold an adversary hearing to determine if the petitioner had been denied due process by the ......
  • Hollingshead v. Wainwright, 34429
    • United States
    • Florida Supreme Court
    • January 25, 1967
    ...of the First Judicial Circuit, commissioner to take testimony upon the factual issues presented by the Petitioner. (See Hollingshead v. Wainwright, Fla., 188 So.2d 788.) Upon consideration of the report submitted by the able commissioner in which he found the allegations of the Petitioner t......
  • O'Hara v. Wainwright, 70--101
    • United States
    • Florida District Court of Appeals
    • March 25, 1970
    ...of this habeas corpus proceeding as the equivalent of a direct appeal. See Powe v. State, Fla.1968, 216 So.2d 446; Hollingshead v. Wainwright, Fla.1966, 188 So.2d 788; Fla.1967, 194 So.2d 577; Platt v. Wainwright, Fla.App.1968, 208 So.2d 666; Baggett v. Wainwright, Fla.1969, 229 So.2d 239, ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT