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Everett v. State

Everett v. State, 161 So. 2d 714 (Fla. Dist. Ct. App. 1964)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
March 17, 1964
Docket
No. 63-786
Judges
Barkdull, C.J., and Horton and Tillman Pearson
Citations
161 So. 2d 714
Cited by 27

Opinion

161 So.2d 714 (1964)

Willie EVERETT, Appellant,

v.

The STATE of Florida, Appellee.

No. 63-786.

District Court of Appeal of Florida. Third District.

March 17, 1964.

Robert L. Koeppel, Public Defender, and W. Eugene Neill, Asst. Public Defender, for appellant.

James W. Kynes, Jr., Atty. Gen., and Victor V. Andreevsky, Asst. Atty. Gen., for appellee.

Before BARKDULL, C.J., and HORTON and TILLMAN PEARSON, JJ.

PER CURIAM.

This appeal is from an order denying the appellant's motion to vacate or set aside a judgment and sentence pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix.

The appellant's petition in the trial court alleged that he was "without proper counsel * * * at his trial * * *." The appellant was tried, convicted and sentenced in 1936.

We are unaware of any constitutional basis upon which an inquiry could be made into the competency of counsel employed by non-indigent defendants convicted of crimes, nor do we understand that it is one of the functions of Rule 1 to try the competency of such counsel. The record before us demonstrates that the appellant was represented at every phase of his prosecution by counsel of his own choice, from arraignment to sentence. The order appealed is hereby affirmed.

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 27 cases

View all citing references →
1964: 21965: 31966: 11967: 11968: 31969: 11970: 21971: 11972: 21973: 21974: 21976: 21977: 11979: 11980: 11981: 219642026peak 1965 · 3

Relies on it most ⓘ

  1. Simpson v. State164 So. 2d 224 (Fla. Dist. Ct. App. 1964)
  2. Edwards v. State393 So. 2d 597 (Fla. Dist. Ct. App. 1981)
  3. Cappetta v. Wainwright203 So. 2d 609 (Fla. 1967)
  4. United States of America ex rel. Lillian Reis v. Louie L. Wainwright, Director, Division of Corrections525 F.2d 1269 (5th Cir. 1976)
  5. Vagner v. Wainwright398 So. 2d 448 (Fla. 1981)
  6. Crusoe v. State183 So. 2d 600 (Fla. Dist. Ct. App. 1966)

Most recent

  1. Vagner v. Wainwright398 So. 2d 448 (Fla. 1981)
  2. Edwards v. State393 So. 2d 597 (Fla. Dist. Ct. App. 1981)
  3. State v. Garmise382 So. 2d 769 (Fla. Dist. Ct. App. 1980)
  4. Brenner v. State366 So. 2d 536 (Fla. Dist. Ct. App. 1979)
  5. Harden v. State352 So. 2d 576 (Fla. Dist. Ct. App. 1977)
  6. Suarez v. State338 So. 2d 546 (Fla. Dist. Ct. App. 1976)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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