Ford v. State, Nos. 61440

CourtUnited States State Supreme Court of Florida
Writing for the CourtPER CURIAM; SUNDBERG
Citation407 So.2d 907
PartiesAlvin Bernard FORD, Petitioner/Appellant, v. STATE of Florida, Respondent/Appellee.
Decision Date04 December 1981
Docket Number61450,Nos. 61440

Page 907

407 So.2d 907
Alvin Bernard FORD, Petitioner/Appellant,
v.
STATE of Florida, Respondent/Appellee.
Nos. 61440, 61450.
Supreme Court of Florida.
Dec. 4, 1981.

Laurin A. Wollan, Jr., Tallahassee and Raymond W. Russell, Fort Lauderdale, for petitioner/appellant.

Page 908

Jim Smith, Atty. Gen. and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for respondent/appellee.

PER CURIAM.

We have for consideration an appeal from an order of the circuit court denying a motion for post-conviction relief, an original petition for writ of habeas corpus, and an application for stay of execution.

Petitioner Ford was convicted of murder in the first degree. A separate sentencing proceeding was held before the trial jury, which recommended that petitioner be sentenced to death. The trial judge, in accordance with the jury's recommendation, sentenced him to death. The judgment and sentence were affirmed by this Court. Ford v. State, 374 So.2d 496 (Fla.1979).

The Supreme Court of the United States denied a petition for writ of certiorari. Ford v. Florida, 445 U.S. 972, 100 S.Ct. 1666, 64 L.Ed.2d 249 (1980).

Petitioner has also challenged his conviction by filing a habeas corpus proceeding in this Court, in which he joined 122 other persons under sentence of death, challenging this Court's purported review of extra record material in capital appeals. Relief was denied in Brown v. Wainwright, 392 So.2d 1327 (Fla.1981), cert. denied, --- U.S. ----, 102 S.Ct. ----, 70 L.Ed.2d ----, 30 Cr.L. 4066 (Nov. 2, 1981).

Petitioner further challenged his conviction and sentence in a motion for post-conviction relief filed in the circuit court. Petitioner has appealed from the order denying this motion for post-conviction relief. The state has filed a motion to quash this appeal and a motion to affirm the trial judge.

Petitioner has also filed with this Court a petition for writ of habeas corpus arguing that counsel for him failed to present to this Court meritorious issues relating directly to the validity of the conviction and sentence in this case and thereby deprived him of a meaningful direct appeal in contravention of the sixth, eighth, and fourteenth amendments to the Constitution of the United States. He asks that we grant him a belated appellate review from the judgment and death sentence of the trial court.

Rule 3.850, Florida Rules of Criminal Procedure, authorizes the use of post-conviction relief procedures to challenge a once final judgment and sentence in limited instances, and for limited reasons. An error that may justify reversal on direct appeal will not necessarily support a collateral attack on the final judgment. Witt v. State, 387 So.2d 922 (Fla.1980), citing U. S. v. Addonizio, 442 U.S. 178, 99 S.Ct. 2235, 60 L.Ed.2d 805 (1979).

Finality is an important element of the criminal justice system. This doctrine of finality should be abridged only when a more compelling objective appears, such as insuring fairness and uniformity in individual adjudication. Witt v. State.

Petitioner's motion to vacate filed with the trial court alleged five grounds for relief. Only one of these-the claim of ineffective assistance of trial counsel-was properly raised. The other four issues pertaining to the admissibility of the confession, jury selection under Witherspoon v....

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16 practice notes
  • Rohan ex rel. Gates v. Woodford, No. 01-99016.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • June 25, 2003
    ...402, 106 S.Ct. 2595. Ford's federal petition appears to have been filed at the end of 1981 or very early in 1982. Compare Ford v. State, 407 So.2d 907 (Fla.1981) (December 4, 1981, denial of state postconviction relief), with Ford v. Strickland, 676 F.2d 434 (11th Cir. 1982) (April 15, 1982......
  • Ford v. Strickland, No. 81-6200
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • April 15, 1982
    ...pursuant to Rule 3.850 of the Florida Rules of Criminal Procedure and applied for a stay of execution. Relief was denied. Ford v. State, 407 So.2d 907 Finally, petitioner filed a petition for writ of habeas corpus under 28 U.S.C.A. § 2254 in the United States District Court for the Southern......
  • Ford v. Strickland, No. 81-6200
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • January 7, 1983
    ...pursuant to Rule 3.850 of the Florida Rules of Criminal Procedure and applied for a stay of execution. Relief was denied. Ford v. State, 407 So.2d 907 (Fla.1981). Finally, petitioner filed a petition for writ of habeas corpus under 28 U.S.C.A. Sec. 2254 in the United States District Court f......
  • Harmon v. Barton, No. 88-3754
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • February 20, 1990
    ...446 So.2d 1059 (Fla.1984); McCrae v. State, 437 So.2d 1388 (Fla.1983); Armstrong v. State, 429 So.2d 287 (Fla.1983); Ford v. State, 407 So.2d 907 (Fla.1981). Moreover, Rule 3.850 imposes a procedural bar to successive motions for such relief when the issue could have been raised in a previo......
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16 cases
  • Rohan ex rel. Gates v. Woodford, No. 01-99016.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • June 25, 2003
    ...402, 106 S.Ct. 2595. Ford's federal petition appears to have been filed at the end of 1981 or very early in 1982. Compare Ford v. State, 407 So.2d 907 (Fla.1981) (December 4, 1981, denial of state postconviction relief), with Ford v. Strickland, 676 F.2d 434 (11th Cir. 1982) (April 15, 1982......
  • Ford v. Strickland, No. 81-6200
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • April 15, 1982
    ...pursuant to Rule 3.850 of the Florida Rules of Criminal Procedure and applied for a stay of execution. Relief was denied. Ford v. State, 407 So.2d 907 Finally, petitioner filed a petition for writ of habeas corpus under 28 U.S.C.A. § 2254 in the United States District Court for the Southern......
  • Ford v. Strickland, No. 81-6200
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • January 7, 1983
    ...pursuant to Rule 3.850 of the Florida Rules of Criminal Procedure and applied for a stay of execution. Relief was denied. Ford v. State, 407 So.2d 907 (Fla.1981). Finally, petitioner filed a petition for writ of habeas corpus under 28 U.S.C.A. Sec. 2254 in the United States District Court f......
  • Harmon v. Barton, No. 88-3754
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • February 20, 1990
    ...446 So.2d 1059 (Fla.1984); McCrae v. State, 437 So.2d 1388 (Fla.1983); Armstrong v. State, 429 So.2d 287 (Fla.1983); Ford v. State, 407 So.2d 907 (Fla.1981). Moreover, Rule 3.850 imposes a procedural bar to successive motions for such relief when the issue could have been raised in a previo......
  • Request a trial to view additional results

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