Legal Opinion

Nichols v. Wainwright

District Court of Appeal of Florida

Decided January 22, 1971No. 71-22PublishedCited by 8 opinions

1Opinion of the Court

McNULTY, Judge.

This is an original habeas corpus proceeding in which, apparently in reliance on Baggett v. Wainwright,1 the petitioner is seeking a full appeal of his conviction.

After a jury trial, and on July 9, 1970, petitioner was adjudicated guilty of a felony and sentenced to a term of years in the state prison. No appeal was taken, although petitioner alleges that he was “at all times insolvent and desired to appeal.” He now says, however, that he was “deprived of, or inadequately afforded” his right of appeal by “state action,”2 alleging as grounds therefor that neither the court, at…

2Cases cited5 opinions

  1. Douglas v. CaliforniaSupreme Court of the United States · 1963
  2. Baggett v. WainwrightSupreme Court of Florida · 1969
  3. Aubrey Pate v. William C. Holman, Warden, Kilby Prison, AlabamaCourt of Appeals for the Fifth Circuit · 1965
  4. Baker v. StateDistrict Court of Appeal of Florida · 1969
  5. Jones v. WainwrightDistrict Court of Appeal of Florida · 1970

3Cited by8 opinions

  1. Robinson v. WainwrightSupreme Court of Florida · 1971
  2. Despres v. StateDistrict Court of Appeal of Florida · 1983
  3. Perez v. WainwrightDistrict Court, S.D. Florida · 1977
  4. State v. StewartCourt of Appeals of Utah · 2018
  5. Grantham v. WainwrightDistrict Court of Appeal of Florida · 1972

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