Waiters v. Wainwright
Waiters v. Wainwright
Opinion of the Court
Waiters’ sworn petition alleged that the trial judge did not advise him of his right to appeal and that the public defender failed after request to take an appeal. This court appointed the Honorable John D. Justice, Circuit Judge of the Twelfth Judicial Circuit, as Commissioner to determine whether Waiters had been deprived of his right to review through action or neglect of the state’s agents. At some expense to the taxpayers of Florida, Waiters was brought to Bradenton for an evidentiary hearing. That hearing revealed that at the time of sentencing the trial judge had clearly advised Waiters that he had thirty days in which to appeal and that no timely request for an appeal was made. Furthermore, Waiters testified that the judge advised him that he had only thirty days in which to appeal.
Pursuing the matter with a view toward the filing of perjury charges, the assistant state attorney asked Waiters to explain the inconsistency between his sworn petition, on the one hand, and the transcript of trial court proceedings and Waiters’ own testimony at evidentiary hearing, on the other. Waiters said, “I explained it to the guy up there what happened to my case. He said he can get me hack in court and he here. He filed some motions and told me to have them notarized.” The “guy up there” was a fellow inmate.
There are men at Raiford who can promise a prisoner to get him home. All too often we see, as here, a petition written in a different hand from that of the prisoner, alleging drearily similar charges adequate to require an evidentiary hearing. We take these petitions seriously, as we should. When a false allegation consumes judges’ time and taxpayers’ money which could better be spent in the consideration of truthful claims, all of us have lost.
We think the time is long overdue for provision by the state of counseling and advice to prisoners, by law students under competent supervision. When this .is done the state may lawfully curb the activities of writ-writers,
So far, in view of the state’s tardiness in providing adequate post-conviction assistance, we have not pressed perjury or con
Habeas corpus denied.
. Johnson v. Avery, 1969, 393 U.S. 483, 89 S.Ct. 747, 21 L.Ed.2d 718.
. 1969, 21 U.Fla.L.Rev. 503.
.See also authorities cited in the case and student note cited supra, and Wexler, The Jailhouse Lawyer as a Paraprofessional: Problems and Prospects, 1971, 7 Grim.L.Bull. 139.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.