Gideon Petitioner v. Wainwright Respondent, Page 3
Page 3
In meeting the full measure of our responsibility we
turned to federal criminal procedures for a precedent. It appeared
to us that the most effective procedural remedy that could be pro-
vided under the circumstances would be to adopt as a criminal
procedure rule the express language of 28 USC, Section 2255, which
had been enacted by the Congress in 1948, and has since been
employed in the federal system in many cases. Under our constitu-
tional rule-making power, Article V, Section 3, Florida Constitution,
we promulgated, on April 1, 1963, Criminal Procedure Rule #1. Except
to the extent necessary to adapt the language of the statute to
the Florida courts, the rule which we have promulgated is identical
with the federal statute. Roy v. Wainwright, supra.
Under the rule which we have announced, post-conviction
relief can be obtained where there is a claimed denial of some
fundamental or organic right in the course of the trial. The relief
available is coextensive with that which would be available in
habeas corpus. The rule, however, minimizes the difficulties
encountered in habeas corpus hearings and affords the same rights
in a more convenient forum and one best prepared to consider the
claims of a prisoner convicted in that very forum. Hill v. U. S.,
368 U. S. 424, 82 S. Ct. 468, 7 L. Ed. 2d 417; Machibroda v. United
States, 368 U. S. 487, 82 S. Ct. 510, 7 L. Ed. 2d 473; United States
v. Hayman, 342 U. S. 205, 72 S. Ct. 263, 96 L. Ed. 232. See also
Parker, Limiting the Abuse of Habeas Corpus, 8 FRD 171.
We took this action prior to receipt of the mandate of
the Supreme Court of the United States in the instant case in prompt
fulfillment of our judicial obligation which was indicated in the
opinion of the court.
Inasmuch as it was not announced until April 1, 1963,
the existence of our Criminal Procedure Rule #1, was naturally not
made known to the United States Supreme Court in the course of the
Gideon proceeding. Nevertheless, we consider the promulgation of
