[Download] "Andrew Busbee v. State Florida" by First District. District Court of Appeal of Florida " eBook PDF Kindle ePub Free

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Title: Andrew Busbee v. State Florida
Author : First District. District Court of Appeal of Florida
Release Date : January 03, 1966
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 57 KB

Description

We have taken original jurisdiction of this habeas corpus proceeding to re-examine our previous decisions in Fish v. State, Fla.1964, 159 So.2d 866, Watkins v. Morris, Fla. 1965, 179 So.2d 348, and State ex rel. Taylor v. Warden, Fla.1967, 193 So.2d 606, holding that an indigent defendant is not entitled to court-appointed counsel when accused only of a misdemeanor. It is noteworthy that, since our decision in Fish, the United States Supreme Court has denied certiorari in three cases involving a denial of counsel in misdemeanor cases: Winters v. Beck, 385 U.S. 907, 87 S. Ct. 207, 17 L. Ed. 2d 137 (1966); DeJoseph v. Connecticut, 385 U.S. 982, 87 S. Ct. 526, 17 L. Ed. 2d 443 (1966); and Heller v. Connecticut, 389 U.S. 902, 88 S. Ct. 213, 19 L. Ed. 2d 218 (1967). And we are by no means persuaded that the position we took in Fish, and the reasoning upon which it was based, are no longer valid.