Kish v. State

SWANN, Judge.

During his trial on criminal charges the attorneys for James Kish filed a motion to suppress certain evidence seized by the police during a search of his residence. It was argued that the search warrant which authorized the search of his residence “was issued without the requisite probable cause”. The motion to suppress the evidence was denied. After conviction and sentence Kish took a direct appeal to this court. The judgment of conviction and sentence were affirmed. Kish v. State, Fla.App.1967, 198 So.2d 639.

Later, Kish filed a petition to vacate the judgment and sentence under…