Hollingshead v. Wainwright, No. 34429

CourtUnited States State Supreme Court of Florida
Writing for the CourtPER CURIAM; THORNAL
Citation194 So.2d 577
PartiesCleveland HOLLINGSHEAD, Petitioner, v. Louie L. WAINWRIGHT, Director Division of Corrections, Respondent.
Docket NumberNo. 34429
Decision Date25 January 1967

Page 577

194 So.2d 577
Cleveland HOLLINGSHEAD, Petitioner,
v.
Louie L. WAINWRIGHT, Director Division of Corrections, Respondent.
No. 34429.
Supreme Court of Florida.
Jan. 25, 1967.
Rehearing Denied Feb. 21, 1967.

Cleveland Hollingshead, in pro. per.

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

PER CURIAM.

Cleveland Hollingshead petitioned this Court for writ of habeas corpus (see Hollingshead v. Wainwright, 177 So.2d 477). Our denial of said petition was reversed by the Supreme Court of the United States on the authority of Douglas v. People of State of California, 372 U.S. 353, 83 S.Ct. 814, 9 L.Ed.2d 811. (See Hollingshead v. Wainwright, 384 U.S. 31, 86 S.Ct. 1284, 16 L.Ed.2d 333.)

In compliance with the above mentioned decision of the Supreme Court of the United States, and to examine the truthfulness of the Petitioner's allegations that he had been denied due process of law by the trial court in refusing to furnish him counsel after Petitioner repeatedly requested him to do so for the purpose of direct appeal to review the conviction, judgment and sentence in the instant case, this Court on July 29, 1966 appointed Honorable Woodrow M. Melvin, Circuit Judge of the First Judicial Circuit, commissioner to take testimony upon the factual issues presented

Page 578

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 to be true in point of fact and recommended an appellate review of Petitioner's conviction, it is our opinion that due process of law requires that the Petitioner be afforded a full appellate review of his conviction, judgment and sentence.

In certain exceptional circumstances when orderly appellate remedy has been rendered unavailable and an appeal within the period and in accordance with the procedure provided by law for appeals has not been afforded, yet justice demands appropriate remedy, we have held due steps must be taken to avoid deprivation of due process. See State ex rel. Ervin v. Smith, Fla., 160 So.2d 518. In accord with this concept, we do hereby order that Cleveland Hollingshead be afforded the opportunity of full appellate review by way of habeas corpus to be applied for in the District Court of Appeal, First District.

The Petitioner is authorized to proceed in forma pauperis. The District Court of Appeal, First District, is...

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109 practice notes
  • Pressley v. Wainwright, No. 42684
    • United States
    • United States State Supreme Court of Florida
    • January 25, 1979
    ...referenced Costello v. State, 246 So.2d 752 (Fla.1971); Baggett v. Wainwright, 229 So.2d 239 (Fla.1969); and Hollingshead v. Wainwright, 194 So.2d 577 (Fla.1967). None of those decisions, I submit, is relevant. Costello merely relies on Baggett. Baggett and Hollingshead were expressly predi......
  • O'Berry v. Wainwright, No. 75-2568
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • February 11, 1977
    ...appellate review by this Court of the judgment and sentence of the (Trial Court), on authority of Hollingshead v. Wainwright, Fla.1967, 194 So.2d 577 * * For the first time, Petitioner was given the chance in his brief and in oral argument before the District Court of Appeals to argue fully......
  • Morgan v. Estelle, No. 78-1416
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • January 29, 1979
    ...appellate review by this Court of the judgment and sentence of the (Trial Court), on authority of Hollingshead v. Wainwright, Fla.1967, 194 So.2d 577 . . . .' Furthermore, the Petitioner took full advantage of this opportunity, by setting forth the facts and law respecting his Fourth Amendm......
  • Hall v. Florida State Dept. of Public Welfare, No. 1860
    • United States
    • Court of Appeal of Florida (US)
    • July 25, 1969
    ...upholding appellate procedure in Juvenile Courts. 2 McGuire v. Cochran, Fla.1961, 135 So.2d 226; Hollingshead v. Wainwright, Fla.1967, 194 So.2d 577; Ex parte Aulday, 1933, 113 Fla. 70, 151 So. 388; Neel v. Mayo, 1937, 126 Fla. 869, 172 So. 84; Cooper v. Sinclair, Fla.1953, 66 So.2d 702, ce......
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109 cases
  • Pressley v. Wainwright, No. 42684
    • United States
    • United States State Supreme Court of Florida
    • January 25, 1979
    ...referenced Costello v. State, 246 So.2d 752 (Fla.1971); Baggett v. Wainwright, 229 So.2d 239 (Fla.1969); and Hollingshead v. Wainwright, 194 So.2d 577 (Fla.1967). None of those decisions, I submit, is relevant. Costello merely relies on Baggett. Baggett and Hollingshead were expressly predi......
  • O'Berry v. Wainwright, No. 75-2568
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • February 11, 1977
    ...appellate review by this Court of the judgment and sentence of the (Trial Court), on authority of Hollingshead v. Wainwright, Fla.1967, 194 So.2d 577 * * For the first time, Petitioner was given the chance in his brief and in oral argument before the District Court of Appeals to argue fully......
  • Morgan v. Estelle, No. 78-1416
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • January 29, 1979
    ...appellate review by this Court of the judgment and sentence of the (Trial Court), on authority of Hollingshead v. Wainwright, Fla.1967, 194 So.2d 577 . . . .' Furthermore, the Petitioner took full advantage of this opportunity, by setting forth the facts and law respecting his Fourth Amendm......
  • Hall v. Florida State Dept. of Public Welfare, No. 1860
    • United States
    • Court of Appeal of Florida (US)
    • July 25, 1969
    ...upholding appellate procedure in Juvenile Courts. 2 McGuire v. Cochran, Fla.1961, 135 So.2d 226; Hollingshead v. Wainwright, Fla.1967, 194 So.2d 577; Ex parte Aulday, 1933, 113 Fla. 70, 151 So. 388; Neel v. Mayo, 1937, 126 Fla. 869, 172 So. 84; Cooper v. Sinclair, Fla.1953, 66 So.2d 702, ce......
  • Request a trial to view additional results

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