|
|
Wainright v. Torna, 455 U.S. 586 (1982)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Wainright v. Torna, 455 U.S. 586 (1982)
Wainright v. Torna No. 81-362 Decided March 22, 1982 455 U.S. 586
ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES
COURT OF APPEALS FOR THE FIFTH CIRCUIT
Syllabus
Held: The Federal District Court properly dismissed respondent state prisoner’s habeas corpus petition asserting that he had been denied his right to the effective assistance of counsel because an application for certiorari -- filed by his retained counsel in the Florida Supreme Court to review the Florida District Court of Appeal’s affirmance of respondent’s state conviction -- had been dismissed as not having been timely filed. Respondent did not contest the District Court’s finding that review by the Florida Supreme Court was discretionary. Since a criminal defendant does not have a constitutional right to counsel to pursue discretionary state appeals, Ross v. Moffitt, 417 U.S. 600, respondent could not be deprived of the effective assistance of counsel by his retained counsel’s failure to file a timely application.
Certiorari granted; 649 F.2d 290, reversed.
Contents:
Chicago:
U.S. Supreme Court, "Syllabus," Wainright v. Torna, 455 U.S. 586 (1982) in 455 U.S. 586 Original Sources, accessed August 30, 2025, http://www.originalsources.com/Document.aspx?DocID=25KVV7HJPGV85N7.
MLA:
U.S. Supreme Court. "Syllabus." Wainright v. Torna, 455 U.S. 586 (1982), in 455 U.S. 586, Original Sources. 30 Aug. 2025. http://www.originalsources.com/Document.aspx?DocID=25KVV7HJPGV85N7.
Harvard:
U.S. Supreme Court, 'Syllabus' in Wainright v. Torna, 455 U.S. 586 (1982). cited in 1982, 455 U.S. 586. Original Sources, retrieved 30 August 2025, from http://www.originalsources.com/Document.aspx?DocID=25KVV7HJPGV85N7.
|