Saunders v. Wainwright

DEKLE, Justice.

We issued a writ of habeas corpus in this cause, specifically requesting the state to respond to the allegation in the petition that court-appointed counsel had illegally refused to appeal the petitioner’s original conviction for rape. On October 9, 1971, the state filed its return to the petition. In that return, the state requests this Court to dismiss the petition on the ground that petitioner’s two prior Rule 1.850 motions rendered the issues contained herein res judi-cata. The state also alleged that the petitioner had waived his right to an appeal.

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