Roy Raymond Bohr v. E. Wilson Purdy, Director of Public Safety, Dade County, Florida
Cases that cite this one
14 later published cases cite this decision.
- Wall v. Purdy (United States District Court for the Southern District of Florida 1971)
- Thomas Lee Matthews v. State of Florida, Metropolitan Dade County, E. Wilson Purdy, as Sheriff of Dade County, Florida (5th Cir. 1970)
- Boyer v. City of Orlando (Fla. 1970)
- Crum v. City of Orlando (United States District Court for the Middle District of Florida 1970)
- Bramlett v. Peterson (United States District Court for the Middle District of Florida 1969)
- Edward Clay v. Louie L. Wainwright, Director, Division of Corrections, State of Florida (5th Cir. 1972)
- Green v. City of Tampa (United States District Court for the Middle District of Florida 1971)
- Juanita Shepherd v. Captain R. F. Jordan, Superintendent of the City of Atlanta Prison Farm (5th Cir. 1970)
- Juan Olvera v. Dr. George J. Beto, Director, Texas Department of Corrections (5th Cir. 1970)
- State Ex Rel. Argersinger v. Hamlin (Fla. 1970)
- Wooley v. Consolidated City of Jacksonville (United States District Court for the Middle District of Florida 1970)
- Green v. City of Orlando (United States District Court for the Middle District of Florida 1970)
- Steadman v. Duff (United States District Court for the Middle District of Florida 1969)
- Mitchell v. Wainwright (United States District Court for the Middle District of Florida 1969)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Bohr was arrested in Miami in May 1968, and charged with two offenses: (1) reckless driving, causing an accident in violation of § 30-16 (a) of the Code of Metropolitan Dade County, and (2) leaving the scene of an accident involving another vehicle in violation of § 30-155 of the same code. 1 Conviction on these charges together was punishable by 90 days in prison and a $750 fine.
Bohr tried to get legal representation from an OEO-funded legal services office in Miami. That office referred him to the Public Defender. The Public Defender agreed to take the case only if the trial could be scheduled in the building where his office was located. The state court refused to transfer the trial, however, from the courtroom that had previously been chosen. Instead, the court proceeded with the trial and convicted Bohr without counsel. It sentenced him to sixty days in prison and fined him $500 plus costs of $25. In *322 lieu of payment, the sentence provided 53 added days in prison. The court also ordered Bohr’s license revoked for two years.
Our recent decision in James v. Headley, 5 Cir. 1969, 410 F.2d 325, makes it clear that Bohr was constitutionally entitled to counsel. See Harvey v. Mississippi, 5 Cir. 1965, 340 F.2d 263. The law in Florida at the time that this petition was brought did not provide for counsel in this case. Brinson v. Florida, S.D.Fla.1967, 273 F.Supp. 840. The judgment of the district court is therefore reversed and the case is remanded for disposition consistent with this opinion.
. Under new Rule 18 of the Rules of this Court, we have concluded on the merits that this case is of such character as not to justify oral argument and have directed the clerk to place the case on the Summary Calendar and to notify the parties in writing. See Murphy v. Houma Well Service, 5 Cir. 1969, 409 F.2d 804.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.