Warren v. Wainwright

By his petition for writ of habeas corpus the petitioner alleges incompetency of his appellate counsel based upon said counsel’s failure to allege as error denial of the petitioner’s motion to dismiss on the grounds that the statute of limitations had run and to allege error in the petitioner not being present while the trial court answered a jury question during deliberations.

The record on appeal reveals that the prosecution in this cause was commenced shortly after the offense (and well within the statute of limitations) by issuance of an arrest warrant and delivery for execution, thereby…