FUNCHESS v. STATE

Nos. 62870, 62748.

449 So.2d 1283 (1984)

David Livingston FUNCHESS, Appellant/Petitioner, v. STATE of Florida, Appellee/Respondent. David Livingston FUNCHESS, Petitioner, v. Louie L. WAINWRIGHT, etc., et al., Respondents.

Supreme Court of Florida.

Rehearing Denied May 24, 1984.


Attorney(s) appearing for the Case

Andrew A. Graham, Melbourne, for appellant/petitioner.

Jim Smith, Atty. Gen., and Carolyn M. Snurkowski, Asst. Atty. Gen., Miami, for appellee/respondents.


ADKINS, Justice.

We have before us an appeal from the denial of a motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We also have a petition for a writ of habeas corpus which is based on a claim of ineffective assistance of appellate counsel. We have jurisdiction. Art. V, § 3(b)(1), (7) and (9), Fla. Const.

This death penalty case has been before us on three prior occasions: a direct appeal from Funchess' 1975...

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