Everett v. State, 63-786
| Decision Date | 17 March 1964 |
| Docket Number | No. 63-786,63-786 |
| Citation | Everett v. State, 161 So.2d 714 (Fla. App. 1964) |
| Parties | Willie EVERETT, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Robert L. Koeppel, Public Defender, and W. Eugene Neill, Asst. Public Defender, for appellant.
James W. Kynes, Jr., Atty. Gen., and Victor V. Andreevsky, Asst. Atty. Gen., for appellee.
Before BARKDULL, C. J., and HORTON and TILLMAN PEARSON, JJ.
This appeal is from an order denying the appellant's motion to vacate or set aside a judgment and sentence pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix.
The appellant's petition in the trial court alleged that he was 'without proper counsel * * * at his trial * * *.' The appellant was tried, convicted and sentenced in 1936.
We are unaware of any constitutional basis upon which an inquiry could be made into the competency of counsel employed by non-indigent defendants convicted of crimes, nor do we understand that it is one of the functions of Rule 1 to try the competency of such counsel. The record before us demonstrates that the appellant was represented at every phase of his prosecution by...
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Edwards v. State
...v. State, 373 So.2d 895, 896 (Fla.1979); Cappetta v. Wainwright, 203 So. 609, 610 n.5 (Fla.1967), citing with approval, Everett v. State, 161 So.2d 714 (Fla. 3d DCA 1964); State v. Garmise, 382 So.2d 769, 772 (Fla. 3d DCA 1980); Farmer v. State, 366 So.2d 1271 (Fla. 4th DCA), cert. denied, ......
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U.S. ex rel. Reis v. Wainwright, 74--3422
...Wainwright, 203 So.2d 609 (Fla.1967); Amaral v. State, 171 So.2d 549 (Fla.1965); Coyner v. State, 177 So.2d 715 (Fla.1965); Everett v. State, 161 So.2d 714 (Fla.1964). These Florida cases fail to lend support to the optimism expressed in Lamberti v. Wainwright, 513 F.2d 277, 282 n. 6 (5th C......
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Vagner v. Wainwright
...2d DCA 1965); Amaral v. State, 171 So.2d 549 (Fla. 3d DCA 1965); Simpson v. State, 164 So.2d 224 (Fla. 3d DCA 1964); Everett v. State, 161 So.2d 714 (Fla. 3d DCA 1964). In Powell v. Alabama, 287 U.S. 45, 53 S.Ct. 55, 77 L.Ed. 158 (1932), the United States Supreme Court held that in a state ......
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Crusoe v. State
...So.2d 243; Dykes v. State, supra; Murray v. State, Fla.App.1964, 162 So.2d 313; Hale v. State, Fla.App.1964, 162 So.2d 5; Everett v. State, Fla.App.1964, 161 So.2d 714. Furthermore, the record discloses that this was the second motion for relief from the same sentences filed by defendant un......