Legal Opinion · Dissent

Hamilton v. State

District Court of Appeal of Florida

Decided June 17, 1970No. 69-672Published

1DissentPierce, Judge

I would affirm, because—(1) I seriously doubt if CrPR 1.850 is available for post-conviction relief on the ground of allegedly new evidence discovered after judgment and sentence (Dade National Bank of Miami v. Kay, Fla.App. 1961, 131 So.2d 24; Springer v. Morris, Fla. 1954, 74 So.2d 781; Florida East Coast Railway Company v. Knowles, 1914, 68 Fla. 400, 67 So. 122; Vining v. American Bakeries Company, 1935, 121 Fla. 116, 163 So. 396);(2) If the ground of allegedly newly discovered evidence is available for relief at all after judgment and sentence, I believe habeas corpus, rather than CrPR…

2Cases cited11 opinions

  1. Baggett v. WainwrightSupreme Court of Florida · 1969
  2. Powe v. StateSupreme Court of Florida · 1968
  3. Dade National Bank of Miami v. KayDistrict Court of Appeal of Florida · 1961
  4. Florida East Coast Railway Co. v. KnowlesSupreme Court of Florida · 1914
  5. Hoover v. StateDistrict Court of Appeal of Florida · 1968

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