Reliford v. State, No. 70--182

CourtCourt of Appeal of Florida (US)
Writing for the CourtPIERCE; HOBSON, C.J., and MANN
Citation241 So.2d 871
PartiesDuncan RELIFORD, Appellant, v. STATE of Florida, Appellee.
Decision Date11 December 1970
Docket NumberNo. 70--182

Page 871

241 So.2d 871
Duncan RELIFORD, Appellant,
v.
STATE of Florida, Appellee.
No. 70--182.
District Court of Appeal of Florida, Second District.
Dec. 11, 1970.

Page 872

Walter R. Talley, Public Defender, and Edwin T. Mulock, Asst. Public Defender, Bradenton, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and Warren H. Petersen, Asst. Atty. Gen., Lakeland, for appellee.

PIERCE, Judge.

Appellant Duncan Reliford appeals to this Court from an order entered by the Lee County Circuit Court denying his motion for discharge and to vacate sentence brought under Rule 1.850, Rules of Criminal Procedure, 33 F.S.A.

As grounds for his motion for discharge, Reliford contends (1) that his 'constitutional rights were violated' in that 'colored people were systematically excluded from the grand jury rolls', (2) he did not receive a fair trial in that he was exposed to 'a form of line-up', without the assistance of counsel, (3) he was not advised of his right to appeal, and (4) his trial counsel was inadequate. In the light of the record, there is no merit to any of such contentions, but we will discuss them briefly seriatim.

(1) Alleged Exclusion of Negroes on Grand Jury.

No factual allegations are contained in Reliford's petition for relief. The contention is raised as a bare, naked conclusion. In Crusoe v. State, Fla.App.1966, 183 So.2d 600, this 2nd District Court said that 'A movant for post-conviction relief must allege factual elements sufficient to constitute a basis for the collateral relief sought, otherwise the motion is deficient.' See also Swindle v. State, Fla.App.1967, 202 So.2d 132; Brumley v. State, Fla.App.1969, 224 So.2d 447; Sampson v. State, Fla.App.1963, 158 So.2d 771.

The total lack of supporting allegations of fact as to the asserted exclusion of Negroes on juries, either trial juries or grand juries, a pointed up with emphasis in the light of this 2nd District Court's opinion in Porter v. State, Fla.App.1968, 214 So.2d 73, wherein we held it was not error 'for all of the jurymen to be white in the trial of a Negro defendant charged with raping a white woman.' See also State v. Lewis, 1943, 152 Fla. 178, 11 So.2d 337.

(2) Out-of-Court Identification in Absence of Counsel.

Reliford apparently relies upon the U.S. Supreme Court cases of United States v. Wade, 1967, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed. 1149, and Gilbert v. California, 1967, 388 U.S. 263, 87 S.Ct. 1951, 18 L.Ed.2d 1178, which hold that out-of-Court...

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7 practice notes
  • Huffman v. Wainwright, No. 80-5237
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • July 20, 1981
    ...the jury panel is white in a trial involving a black person is an insufficient factual showing standing alone. See Reliford v. State, 241 So.2d 871 (Fla.App.1970). If Huffman's challenge to the jury venire was inadequate, he waived the defect of the improper jury venire by proceeding to tri......
  • Carswell v. State, No. 72-656
    • United States
    • Court of Appeal of Florida (US)
    • March 22, 1973
    ...Atty. Gen., Tallahassee, and William W. Herring, West Palm Beach, for appellee. PER CURIAM. Affirmed. Reliford v. State, Fla.App.1970, 241 So.2d 871. See also House v. State, Fla.App.1967, 199 So.2d 134; Mann v. Wainwright, Fla.App.1966, 191 So.2d 867; Lee v. State, Fla.App.1965, 173 So.2d ......
  • Turner v. State, No. 73-1012
    • United States
    • Court of Appeal of Florida (US)
    • April 2, 1974
    ...388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149 (1967); Solloa v. State, Fla.App.1969, 227 So.2d 217; Reliford v. State, Fla.App.1970, 241 So.2d 871; Daniels v. State, Fla.App.1972, 262 So.2d Therefore, for the reasons stated and upon the authorities cited, the judgment and sentence appealed a......
  • C.H. v. State, No. 81-2285
    • United States
    • Court of Appeal of Florida (US)
    • August 3, 1982
    ...States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149 (1967); Ashford v. State, 274 So.2d 517 (Fla.1973); Reliford v. State, 241 So.2d 871 (Fla. 2d DCA 1970); Avis v. State, 221 So.2d 235 (Fla. 1st DCA...
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7 cases
  • Huffman v. Wainwright, No. 80-5237
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • July 20, 1981
    ...the jury panel is white in a trial involving a black person is an insufficient factual showing standing alone. See Reliford v. State, 241 So.2d 871 (Fla.App.1970). If Huffman's challenge to the jury venire was inadequate, he waived the defect of the improper jury venire by proceeding to tri......
  • Carswell v. State, No. 72-656
    • United States
    • Court of Appeal of Florida (US)
    • March 22, 1973
    ...Atty. Gen., Tallahassee, and William W. Herring, West Palm Beach, for appellee. PER CURIAM. Affirmed. Reliford v. State, Fla.App.1970, 241 So.2d 871. See also House v. State, Fla.App.1967, 199 So.2d 134; Mann v. Wainwright, Fla.App.1966, 191 So.2d 867; Lee v. State, Fla.App.1965, 173 So.2d ......
  • Turner v. State, No. 73-1012
    • United States
    • Court of Appeal of Florida (US)
    • April 2, 1974
    ...388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149 (1967); Solloa v. State, Fla.App.1969, 227 So.2d 217; Reliford v. State, Fla.App.1970, 241 So.2d 871; Daniels v. State, Fla.App.1972, 262 So.2d Therefore, for the reasons stated and upon the authorities cited, the judgment and sentence appealed a......
  • C.H. v. State, No. 81-2285
    • United States
    • Court of Appeal of Florida (US)
    • August 3, 1982
    ...States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149 (1967); Ashford v. State, 274 So.2d 517 (Fla.1973); Reliford v. State, 241 So.2d 871 (Fla. 2d DCA 1970); Avis v. State, 221 So.2d 235 (Fla. 1st DCA...
  • Request a trial to view additional results

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