Washington v. State, No. 60403

CourtUnited States State Supreme Court of Florida
Writing for the CourtPER CURIAM; SUNDBERG
Citation397 So.2d 285
PartiesDavid Leroy WASHINGTON, Appellant, v. STATE of Florida, Appellee.
Decision Date06 April 1981
Docket NumberNo. 60403

Page 285

397 So.2d 285
David Leroy WASHINGTON, Appellant,
v.
STATE of Florida, Appellee.
No. 60403.
Supreme Court of Florida.
April 6, 1981.

Page 286

Richard E. Shapiro, New Orleans, La., and David Lipman, Miami, for appellant.

Jim Smith, Atty. Gen., Calvin L. Fox, Asst. Atty. Gen., Miami, Janet Reno, State Atty., and Ira Loewy, Asst. State Atty., Miami, for appellee.

PER CURIAM.

David Leroy Washington appeals from a trial court order denying his motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850. Appellant requested but was denied an evidentiary hearing on his motion, and his request to stay execution pending a final disposition was also denied. Having reviewed the record, we are unable to find merit in any of appellant's arguments which assail his sentence, and therefore affirm the trial court's denial of relief under rule 3.850.

Washington was convicted of first-degree murder and received on December 15, 1976, three separate death sentences from the trial judge after he entered pleas of guilty and expressly waived a sentencing jury. The judgments of conviction and sentences were affirmed by this Court on September 7, 1978. Washington v. State, 362 So.2d 658 (Fla.1978), cert. denied, 441 U.S. 937, 99 S.Ct. 2063, 60 L.Ed.2d 666 (1979). On September 19, 1980, appellant filed an initial unsworn 3.850 motion with the trial court which was denied on October 2, 1980, nunc pro tunc September 23, 1980, without prejudice to refile with verification. Following clemency proceedings, the Governor of Florida signed Washington's death warrant on March 13, 1981. The appellant, almost six months after his original filing, refiled his motion for post-conviction relief, essentially unchanged but for the addition of a verification by Washington dated September 29, 1980. After a hearing, the trial court denied all relief by order of March 27, 1981. It is from this order that the present appeal arises.

Appellant raises a broadside of challenges to his sentence, of which the most critical is his claim of ineffective assistance of trial counsel because his attorney (1) failed to seek a continuance after the guilty plea to prepare a case for sentencing; (2) failed to obtain or request a psychiatric report; (3) failed to investigate and present character witnesses; (4) failed to request a presentence investigation report; (5) failed to present meaningful arguments to the sentencing judge; and (6) failed to investigate medical examiner's reports or to cross-examine those persons. Appellant contends that he has made a sufficient showing under rule 3.850 to deserve an evidentiary hearing and that the trial court erred in applying the principles of Knight v. State, 394 So.2d...

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21 practice notes
  • Washington v. Strickland, No. 81-5379
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • December 23, 1982
    ...a degree that we believe, to the point of moral certainty, that he is entitled to no relief under rule 3.850." 6 Washington v. State, 397 So.2d 285, 287 C. Federal Habeas Proceedings in District Court Having exhausted his state remedies, Washington sought habeas corpus relief from the distr......
  • Washington v. Strickland, No. 81-5379
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • April 23, 1982
    ...The Florida Supreme Court affirmed the circuit court's action in a written opinion issued on April 6, 1981. Washington v. State, 397 So.2d 285 (Fla.1981). With respect to the "most critical" of Washington's attacks on his sentences-an ineffective assistance of trial counsel claim-the court ......
  • Strickland v. Washington, No. 82-1554
    • United States
    • United States Supreme Court
    • May 14, 1984
    ...overwhelming. . . ." App. to Pet. for Cert. A230. The Florida Supreme Court affirmed the denial of relief. Washington v. State, 397 So.2d 285 (1981). For essentially the reasons given by the trial court, the State Supreme Court concluded that respondent had failed to make out a prima facie ......
  • Knight v. Dugger, No. 86-5610
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • December 8, 1988
    ...counsel. We therefore find no deficiency in trial counsel's not objecting to the prosecutor's remarks. See generally Washington v. State, 397 So.2d 285 (Fla.1981); McNeal v. State, 409 So.2d 528 (Fla. 5th DCA, rehearing denied, 413 So.2d 876 (Fla.1982); Ferby v. State, 404 So.2d 407 (Fla. 5......
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21 cases
  • Washington v. Strickland, No. 81-5379
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • December 23, 1982
    ...a degree that we believe, to the point of moral certainty, that he is entitled to no relief under rule 3.850." 6 Washington v. State, 397 So.2d 285, 287 C. Federal Habeas Proceedings in District Court Having exhausted his state remedies, Washington sought habeas corpus relief from the distr......
  • Washington v. Strickland, No. 81-5379
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • April 23, 1982
    ...The Florida Supreme Court affirmed the circuit court's action in a written opinion issued on April 6, 1981. Washington v. State, 397 So.2d 285 (Fla.1981). With respect to the "most critical" of Washington's attacks on his sentences-an ineffective assistance of trial counsel claim-the court ......
  • Strickland v. Washington, No. 82-1554
    • United States
    • United States Supreme Court
    • May 14, 1984
    ...overwhelming. . . ." App. to Pet. for Cert. A230. The Florida Supreme Court affirmed the denial of relief. Washington v. State, 397 So.2d 285 (1981). For essentially the reasons given by the trial court, the State Supreme Court concluded that respondent had failed to make out a prima facie ......
  • Knight v. Dugger, No. 86-5610
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • December 8, 1988
    ...counsel. We therefore find no deficiency in trial counsel's not objecting to the prosecutor's remarks. See generally Washington v. State, 397 So.2d 285 (Fla.1981); McNeal v. State, 409 So.2d 528 (Fla. 5th DCA, rehearing denied, 413 So.2d 876 (Fla.1982); Ferby v. State, 404 So.2d 407 (Fla. 5......
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