MINNIE M. FULENWIDER, APPELLANT,

v.

BRANTLEY D. THOMAS, ADMINISTRATOR OF THE ESTATE OF WILLIAM R. GOULD, APPELLEE

Citator

Cited By

• Mason v. State, 176 So. 2d 76 (Fla. 1965)
  …First District Court of Appeal has held that an explanation of the right-to counsel, plus an offer to appoint one for an indigent, is not necessary to lay the basis for a waiver. Spriggs v. State, Fla.App., 158 So. 2d 786; Mankus v. State, Fla.App., 161 So. 2d 547; Dykes v. State, Fla.App., 162 So. 2d 675; Hale v. State, Fla.App., 162 So. 2d 5. This view also has some support in Starks v. United States (4th Cir.), 264 F. 2d 797, and McCaffrey v. U. S. (5th Cir.), 328 F. 2d 606. On the .other hand, the Second…
• Byers v. State, 163 So. 2d 57 (Fla. 3d DCA 1964)
  …the motion which charged the prosecuting attorney with improper conduct, presumably in the course of the trial, was a bare statement of a legal conclusion, and we will not hold the court in error for rejecting it. See Mankus v. State, Fla.App.1964, 161 So. 2d 547; Dykes v. State, Fla.App.1964, 162 So. 2d 675; Hale v. State, Fla.App.1964, 162 So. 2d 5. The contention that “On two occasions a witness for the State committed perjury,” not accompanied by an allegation that the state prosecuting officials were a…
• Phillips v. State, 164 So. 2d 858 (Fla. 2d DCA 1964)
  …med the order denying post conviction relief. Thus that court apparently has adopted a less liberal view than has this court. See Dykes v. State, Fla.App.1964, 162 So. 2d 675; Hale v. State, Fla.App.1964, 162 So. 2d 5; Mankus v. State, Fla.App.1964, 161 So. 2d 547. We cannot follow those decisions but hold contrarily that summary denial of^such a motion is error unless the record conclusively discloses that the insolvent petitioner was fully aware that he had an absolute right to court appointed counsel witho…

Authorities Cited

• Hayes v. Brantley D. Thomas, 161 So. 2d 545 (Fla. 2d DCA 1964)