Francois v. Wainwright

Decision Date22 May 1985
Docket NumberNo. 67051,67051
Citation10 Fla. L. Weekly 295,470 So.2d 685
Parties10 Fla. L. Weekly 295 Marvin FRANCOIS, Petitioner, v. Louie L. WAINWRIGHT, Secretary of the Department of Corrections of the State of Florida, Respondent.
CourtFlorida Supreme Court

Alton G. Pitts of Pitts, Eubanks, Hannah, Hilyard and Marsee, Orlando, for petitioner.

Jim Smith, Atty. Gen. and Calvin L. Fox, Asst. Atty. Gen., Miami, for respondent.


This proceeding is before the Court on the petition of Marvin Francois for a writ of habeas corpus. Francois is a state prisoner under sentence of death and a current warrant for the execution thereof. In connection with his habeas petition, he moves for a stay of execution. He invokes our jurisdiction under article V, section 3(b)(9), Florida Constitution.

Petitioner was convicted of six counts of first-degree murder and other crimes and was sentenced to death on each capital felony conviction. On appeal, this Court affirmed the convictions and sentences. Francois v. State, 407 So.2d 885 (Fla.1981). The United States Supreme Court declined to review the judgment. Francois v. Florida, 458 U.S. 1122, 102 S.Ct. 3511, 73 L.Ed.2d 1384 (1982).

Subsequently petitioner filed a motion for post-conviction relief in the trial court in which he was tried and sentenced and a petition for habeas corpus in this Court. The trial court declined to set aside the convictions or sentences and an appeal was taken. This Court affirmed the denial of post-conviction relief and denied the petition for habeas corpus. Francois v. State, 423 So.2d 357 (Fla.1982).

Petitioner also sought relief by petition for habeas corpus in the United States District Court for the Southern District of Florida. This petition challenged the convictions and sentences on grounds already presented and rejected by state courts but which allegedly implicated petitioner's rights under the United States Constitution. The federal district court denied relief. On appeal, the United States Court of Appeals for the Eleventh Circuit affirmed the denial of the petition for habeas corpus. Francois v. Wainwright, 741 F.2d 1275 (11th Cir.1984).

In the present petition, Francois argues that he was not afforded effective assistance of counsel in connection with his initial direct appeal decided by this Court. Ineffective assistance of appellate counsel is the claim petitioner made in his previous habeas corpus petition to this Court. Francois v. State, 423 So.2d at 360-61. In collateral proceedings by habeas corpus, as in post-conviction proceedings under Florida Rule of Criminal Procedure 3.850, successive petitions for the same relief are not cognizable and may be summarily denied. Sullivan v. State, 441 So.2d 609, 612 (Fla.1983); McCrae v. State, 437 So.2d 1388 (Fla.1983). We deny the present petition on this ground.

Even if we were to take cognizance of petitioner's claims, however, we would find them without merit. He argues that his legal counsel on appeal was defective in that his lawyers neglected to argue that there had been impropriety in the prosecutor's arguments to the jury at trial.

A prisoner who has been tried, convicted, and sentenced and has had his conviction and sentence affirmed on appeal, and who challenges the validity of his appeal on the ground of ineffectiveness of appellate counsel under the sixth and fourteenth amendments to the United States Constitution must carry the burden established by the case of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

First, the defendant must show that counsel's performance was deficient. This requires showing that counsel made errors so serious that counsel was not functioning as the "counsel" guaranteed the defendant by the Sixth Amendment. Second, the defendant must show that the deficient performance prejudiced the defense. This requires showing that counsel's errors were so serious as to deprive the defendant of a fair...

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18 cases
  • White v. Wainwright, 85-2979-CIV.
    • United States
    • U.S. District Court — Southern District of Florida
    • 31 Marzo 1986
    ...357 (Fla.1982); Francois v. Wainwright, 741 F.2d 1275 (11th Cir.1984) (affirming denial of habeas corpus petition); Francois v. State, 470 So.2d 685, 687 (Fla.1985); Francois v. Wainwright, 614 F.Supp. 127 (S.D.Fla.1985) (denying second habeas corpus petition); Francois v. Wainwright, 763 F......
  • Frampton, Matter of
    • United States
    • Washington Court of Appeals
    • 6 Octubre 1986
    ... ... See, e.g., In re Spears, 204 Cal.Rptr. at 337-38; Downs v. Wainwright, 476 So.2d 654 (Fla.1985). However, prejudice to a personal restraint petitioner will be presumed for certain categories of constitutional error ... Carroll v. State, supra; Cannon v. Berry, supra; see Francois ... v. Wainwright, 470 So.2d 685, 687 (Fla.1985); High v. Rhay, 519 F.2d 109 (9th Cir.1975). Thus, if a personal restraint petitioner shows ... ...
  • Lightner v. State, No. 3D20-0880
    • United States
    • Florida District Court of Appeals
    • 5 Agosto 2020
    ...5th DCA 2005) ).2 "[S]uccessive petitions for the same relief are not cognizable and may be summarily denied." See Francois v. Wainwright, 470 So. 2d 685, 686 (Fla. 1985) ; Ali v. State, 729 So. 2d 963, 964 (Fla. 3d DCA 1999). Petitioner concedes that the issue raised in this Petition was p......
  • Card v. Dugger, 71118
    • United States
    • Florida Supreme Court
    • 15 Septiembre 1987
    ...which raises additional grounds for ineffective assistance of counsel. Christopher v. State, 489 So.2d 22 (Fla.1986). In Francois v. Wainwright, 470 So.2d 685 (Fla.1985), we In collateral proceedings by habeas corpus, as in post-conviction proceedings under Florida Rule of Criminal Procedur......
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