JULIUS BERNARD WILLIAMS, PETITIONER,
v.
LOUIE L. WAINWRIGHT, DIRECTOR, DIVISION OF CORRECTIONS, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court addressed a habeas corpus petition concerning whether a petitioner was properly notified that his court-appointed counsel withdrew from his appeal, leading to the appeal's dismissal. The court found factual issues requiring an evidentiary hearing.
The court held that issues of fact exist regarding whether the petitioner received proper notification of his counsel's withdrawal, necessitating further factual development.
“The return to the writ of habeas corpus herein raises issues of fact concerning whether Petitioner was duly and timely notified by his court appointed counsel (the Public Defender for the First Judicial Circuit) that he had been permitted by the District Court of Appeal, First District, to withdraw as counsel for Petitioner in presenting Petitioner's appeal from his conviction in the Court of Record of Escambia County, Florida, prior to the dismissal of said appeal.”
This quote outlines the central factual dispute that the court identified as requiring resolution.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePetitioner Julius Bernard Williams sought a writ of habeas corpus, alleging his appeal was dismissed without his knowledge after his court-appointed c…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse In Forma Pauperis cases and more on FLexlaw
The return to the writ of habeas corpus herein raises issues of fact concerning whether Petitioner was duly and timely notified by his court appointed counsel (the Public Defender for the First Judicial Circuit) that he had been permitted by the District Court of Appeal, First District, to withdraw as counsel for Petitioner in presenting Petitioner’s appeal from his conviction in the Court of Record of Escambia County, *7Florida, prior to the dismissal of said appeal.
An evidentiary hearing appears in order; therefore the Honorable Woodrow Melvin, a Circuit Judge of the First Judicial Circuit of Florida, is appointed Commissioner to take such testimony as shall be deemed necessary for a determination of said issues and thereafter with all convenient speed report the same, together with his findings and recommendations to this Court. See Hollingshead v. Wainwright (Fla.), 188 So.2d 788; Hollingshead v. Wainwright (Fla.), 194 So.2d 577.
The Petitioner is authorized to proceed in forma pauperis. The Commissioner is authorized to appoint an attorney to represent Petitioner in those proceedings.
It is so ordered.
CALDWELL, C. J., and ROBERTS, THORNAL, ERVIN and ADAMS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Cleveland Hollingshead v. Louie L. Wainwright, 194 So. 2d 577 (Fla. 1967)
- Cleveland Hollingshead v. Louie L. Wainwright, 188 So. 2d 788 (Fla. 1966)
- State v. Diamond, 188 So. 2d 788 (Fla. 1966)