Henry v. State, 58126
| Decision Date | 27 November 1979 |
| Docket Number | No. 58126,58126 |
| Citation | 377 So.2d 692 |
| Parties | James Dupree HENRY, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida Supreme Court |
Richard L. Jorandby, Public Defender, and Craig S. Barnard, Chief Asst. Public Defender, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, for appellee.
This is an appeal from a denial of James Dupree Henry's motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850. Henry raised, and now seeks review of, twenty issues relating to his trial and original appeal.
The circuit court judge ruled that, except for the issue of ineffective assistance of counsel, all the issues either were raised or should have been raised on direct appeal. As to all but one of these rulings, the trial court properly determined that the matters presented may not be attacked in a proceeding for post-conviction relief. Sullivan v. State, 372 So.2d 938 (Fla.1979). The one issue which was improperly ruled to be foreclosed was Henry's contention that the death penalty is unconstitutionally applied in Florida because it "is imposed in an arbitrary, capricious and irrational manner in Florida based on geography (namely Orange County, Florida), poverty, and other arbitrary factors." This contention can properly be raised as a subject for consideration in a proceeding for post-conviction relief. We hold, however, that the trial court's refusal to conduct a hearing or grant other relief on this issue was proper under the circumstances. The hypothetical, unsupported argument of counsel has been rejected as a legal basis for relief in Spinkellink v. Wainwright, 578 F.2d 582, 613-14 (5th Cir. 1978), Cert. denied, 440 U.S. 976, 99 S.Ct. 1548, 59 L.Ed.2d 796 (1979...
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Hopkinson v. State
...U.S. 1124, 97 S.Ct. 1164, 51 L.Ed.2d 576 (1976). That court also denied a motion to vacate the judgment and death sentence. Henry v. State, Fla., 377 So.2d 692 (1979).11 The status of the federal case of Wainwright v. Henry is most uncertain. Certiorari was granted, 457 U.S. 1114, 102 S.Ct.......
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Griffin v. Wainwright
...indicates that a petitioner's claim of discriminatory imposition of the death penalty is cognizable at a 3.850 hearing. In Henry v. State, 377 So.2d 692 (Fla.1979), the Supreme Court of Florida reversed the trial court for refusing to hear a claim raised at a 3.850 hearing that the death pe......
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Griffin v. Wainwright
...that this issue was barred by procedural default. On federal habeas corpus, however, the district court found that Henry v. State of Florida, 377 So.2d 692 (Fla.1979), dictated a different result. We In Henry, the Supreme Court of Florida held that a petitioner's contention that the death p......
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...v. State, 403 So.2d 931 (Fla.1981); Alvord v. State, 396 So.2d 184 (Fla.1981); Adams v. State, 380 So.2d 423 (Fla.1980); Henry v. State, 377 So.2d 692 (Fla.1979). With regard to his sentence of death, appellant presents numerous arguments questioning its validity. He argues that the sentenc......