Supreme Court of Florida, 1972

Strelow v. State

Supreme Court of Florida · Decided March 2, 1972 · Cain, Carlton, Dekle, Ervin, Roberts

259 So. 2d 720; 1972 Fla. LEXIS 3976 (Southern Reporter, Second Series)

Opinion of the Court

Certiorari denied. 254 So.2d 239.

ROBERTS, C. J., and CARLTON, Mc-CAIN and DEKLE, JJ., concur. ERVIN, J., dissents.

Dissenting Opinion

ERVIN, Judge

(dissenting):

I think we should transfer this case to the Circuit Court with direction that it hold an evidentiary hearing on the petitioner’s allegations. That, I believe is the practice indicated by the Federal Courts as requisite to due process in post-conviction matters.

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