Legal Opinion

Jose Torna v. Louie L. Wainwright, Secretary, Department of Offender Rehabilitation

Court of Appeals for the Fifth Circuit

Decided June 29, 1981No. 79-3140PublishedCited by 15 opinions

1Per curiam

Jose R. Torna filed a petition for habeas corpus under 28 U.S.C.A. § 2254 attacking a sentence of fifteen years that was imposed by the Circuit Court of the Eleventh Judicial Circuit, Dade County, Florida. The petitioner is currently in the custody of the defendant Wainwright pursuant to that sentence.

Torna advances several grounds for relief. We decide only one, viz., denial of his right to effective assistance of counsel beause his retained counsel failed to file a imely petition for writ of certiorari to the Florida Supreme Court.

The record reflects that Torna appealed directly from his…

2Cases cited16 opinions

  1. Cuyler v. SullivanSupreme Court of the United States · 1980
  2. McMann v. RichardsonSupreme Court of the United States · 1970
  3. Tollett v. HendersonSupreme Court of the United States · 1973
  4. Herring v. New YorkSupreme Court of the United States · 1975
  5. Geders v. United StatesSupreme Court of the United States · 1976

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3Cited by15 opinions

  1. Wainwright v. TornaSupreme Court of the United States · 1982
  2. John Lewis Washington v. John C. Watkins, Commissioner, Mississippi Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1981
  3. Manuel Barrientos A/K/A Manny Redmon v. United StatesCourt of Appeals for the Fifth Circuit · 1982
  4. David Leroy Washington v. Charles E. Strickland, Superintendent, Florida State Prison, and Jim Smith, Attorney General of the State of FloridaCourt of Appeals for the Fifth Circuit · 1982
  5. David L. Mack v. William French Smith, United States Attorney GeneralCourt of Appeals for the Fifth Circuit · 1981

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