Legal Opinion

Smith v. Morgan

District Court of Appeal of Florida

Decided October 17, 1973No. 73-433PublishedCited by 1 opinion

1Opinion of the Court

COWART, JOE A., Jr., Associate Judge.

This is an appeal from the denial of an amended petition for Writ of Habeas Corpus.

*13The appellant was charged with violation of a St. Petersburg municipal ordinance, signed a waiver of counsel form, pled guilty and was sentenced to 10 days confinement. The application for habeas corpus, and this appeal from its denial, are primarily based on the argument that Ar-gersinger v. Hamlin, 1972, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530, requires counsel in misdemeanor cases and that the waiver of counsel in this case was not knowingly and intelligently made…

2Cases cited5 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Argersinger v. HamlinSupreme Court of the United States · 1972
  3. Mason v. StateSupreme Court of Florida · 1965
  4. Donald v. StateDistrict Court of Appeal of Florida · 1964
  5. Love v. StateDistrict Court of Appeal of Florida · 1972

3Cited by1 opinion

  1. Allen v. StateDistrict Court of Appeal of Florida · 1985

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