# Appendix — Wainwright v. Sykes > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385003_2311%3A3 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 1977 - **Citation:** 433 U.S. 72 ## Text APPENDIX w, Supreme Court, U. S. P Phe F I r. ke D | NOV 24 1976 IN THE MICHAEL RODAK, JR., CLERK SUPREME COURT OF THE UNITED STATES ~~ October Term, 1975 No. 75-1578 LOUIE L. WAINWRIGHT, Secretary, Department of Offender Rehabili- tation, State of Florida, Petitioner, vs. JOHN SYKES, #003316, Respondent. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT CERTIORARI GRANTED OCTOBER 12 1976 APPENDIX IN THE SUPREME COURT OF THE UNITED STATES October Term, 1975 No, 75-1578 LOUIE L. WAINWRIGHT, Secretary, Department of Oirender Rehabili- tation, State of Florida, Petitioner, vs. JOHN SYKES, #003316, Respondent. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT PETITION FOR CERTIORARI FILED APRIL 28, 1976 CERTIORARI GRANTED OCTOBER 12, 1976 INDEX Chronological List of Relevant DOGMOS TRCCAGR. ccc cccccesereseces Opinion of the Court of Appeals, filed February 25, 1976........... Judgment of the Court of Appeals, filed February 25, 1976........... Denial of Petition for Rehearin en bane, dated March 22, 1976..... Order of the United States District Court, Tampa Division, 2 SR Ree ree err eee Supplementary Order of the United States District Court, Tampa Division, dated January 30, os SP Fats Pe ree op rae Petition for Writ of Habeas Corpus SELES GUD Bie BOCM es bi ntencsecsus Personal Waiver of John Sykes, filed November 30, 1973........... 28 U.S.C.A. § 2254(a) (b) (c).......... Constitution of the United States, Amendments V and XIV.............. Florida Rules of Criminal Procedure, RUGS FD. Se 6c kbs occ eeckenunn » . ; * ( ; - : ° * 7 b > * Z . : @ = . a « * = 5 z ® x = : ‘ . \ j : > - 1 id i , 10 . ss ee ae im =f ' * . ¢ ; og p ner > b = _ * 4 a, : a a : 3+ : ; Eh z : = if : - - = ’ - * 2 : 7 2) ; 7 cee 7 « - . 7 a 7 : 4 A at % [ 4 ? a _ a iae,! 5 ¥ st . - aes a ee - J he . ; ur ~— } di lage 7 ee ad 7 © yf ‘. a y= “- ic “B12 oy 2 tn a ay | ane 7 “ie ot 7 er i} : ra 3 7] - ea r — _ . ye 7 bl oe ae . > a 7 ¢ ml . a 7 . . a “ r ] “" : } ' m ® ne 7 7 ing i a 1 aed i ‘ ‘ y ‘/. . F _ «+ : v 7 a : © > . bed 5 4 - $@ i -_— 7 , UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION JOHN SYKES, Petitioner, vs. No. 73-316-Civ-T-H ) ) ) ) LOUIE L. WAINWRIGHT, ) Director, Division of) Corrections, State of) Florida, Respondent. a oe SUPPLEMENTARY ORDER PURSUANT TO 28 U.S.C. § 1292(b) THIS CAUSE came on before the Court upon Respondent's Petition for Order Amending the Court's Order of January 23, 1975. The January 23 Order stayed sco- ceedings in this cause for a period of 90 days to allow the state courts A-32 a reasonable opportunity to afford Petitioner a hearing on the issue of the voluntariness of certain statements made by him and introduced into evidence against him at his 1972 state criminal trial. Respondent argues, however, that the record, as it presently exists, requires that the Court conclude, as a matter of law, that Petitioner waived his right to raise this issue on federal habeas corpus. Therefore, Respondent seeks to take an inter- locutory appeal pursuant to 28 U.S.C. § 1292(b). So that Respondent can promptly and expeditiously petition the Court of Appeals to permit an appeal from the order of January 23, the Court will grant Respondent's instant petition, Accordingly, the Court hereby makes the A-33 required findings and certifications in accordance with the statute, The Court will not, however, stay proceedings in this cause beyond the 90 days announced in the prior order, Pursuant to the statute, of course, Respondent may direct a request for stay to the Court of Appeals. IT IS SO ORDERED. DONE AND ORDERED at Tampa, Florida, this 30th day of January, 1975. ist Wm. Terrell Hoo Ae JUDGE A-34 - J ié RAT 2 OY tet tom's earner ae = 7 AL hie be rer Ass i i * r. , mE! RA ere ~ SRE Se PR iP Pe tere: bike bey... ieee. ii “bf MPH TO? elas ‘ Pit : a ; be eo ee aes Uh lad a) ~ i oer a) tee? PETITION FOR WRIT OF HABEAS CORPUS UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION PERSONS IN STATE CUSTODY John Sykes #003316 ull name and prison number (if any) of petitioner 7#3-83-Mise-F 73-316-Civ.T.H. The State of Florida Name of Respondent INSTRUCTIONS - READ CAREFULLY In order for this petition to receive consideration by the District Court it shall be in writing (legibly) (handwritten or typewritten), s i by the petitioner and verified (notarized), and it shall set forth in concise form the answers to a particular question on the reverse side of the page or an additional blank page. Petitioner shall make it clear to = question any such continued answer refers. Since every such petition for habeas corpus must be sworn to under oath, any false statement of a material fact there- in may serve as the basis of prosecution and conviction for perjury. etitioners should therefore exercise care to assure that all answers are true and correct. A-35 If the petition is taken in forma auperis it shall include an affidavit Cattaskee at the back of the form) setting forth information which estab- lishes that petitioner will be unable to pay the fees and cost of the habeas he ponerse When the petition sc eted, the original and one co shail be oniiel co. CLERK, UNITED STATES, DISTRICT COURT, MID f& DISTRICT OF FLORIDA, P. 0. Box 3270, Tampa, Florida 33601. 1, Place of detention Union County Cor- rectional Institution at Raiford, Florida 2. Name and location of Court which im- posed sentence Twelfth Judicial Cir- cuit Court, County of DeSoto, Arcadia, Florida 3. The indictment number or numbers (if known) upon which and the offense or offenses for which sentence was imposed: (a) Case No. 2683 (b) (c) 4. The date upon which sentence was im- posed and the terms of the sentence: (a) June 5th, 1972, (Ten Years) A-36 (b) (c) Check whether a finding of guilty was made : (a) After a plea of guilty (b) After a plea of not guilty xX (c) After a plea of nolo contendere If you were found guilty after a plea of not guilty, check whether that finding was made by: (a) A jury X (b) A Judge without a jury Did you appeal from the judgement of conviction or the imposition of sentence: yes. If you answered "yes" to (7), list (a) The name of each court to which you appealed: i Second District Court of Appeal, Lakeland, Florida, ii State Supreme Court of Florida iii A-37 (b) The result in each such court to (c) (d) which you appealed, i Judgment Affirmed. ii denied due to lack of juris- diction. iii The date of each such result: i Case No. 72-592, opinion filed, 12-20-72. id re iii if known, citations of any written opinion or orders entered pur- suant to such results: i not known {i not known iii . If you answered "no" to (7), state your reasons for not so appealing: (a) (b) (c) A-38 10, State concisely the grounds on which Ll, 12. -_ base your allegation that you are eing held in custody unlawfully. (a)Deniai of procedural Due Process of Law. (b)Denial of equal Protection of the Law. (c)Violation of Constitutional Rights. State concisely and the same order the facts which support each of the grounds set out in (10). (a) (b) (c) Prior to this petition have you filed with respect to this conviction (a) Any petition in a state of Florida Court under the provisions of Florida Rules of Criminal Pro- cedure 1.850(1968) (previously Criminal Procedure Rule 1) of the Florida supreme Court yes (b) Any petitions in State or Federal Courts for habeas corpus? yes (c) Any petitions in the United States Supreme Court for certiorari other than petitions, if any, already specified in (8) No. A-39 13. (d) Any other petitions, motions or applications in this or any other Court? Yes If you answered “yes" to any — of 912, list with respect to eac petition, motion or application. (a) The specific nature thereof: i Motion to Vacate (1.850) (3.850) ii Petition for a Writ of Habeas Corpus. iii Petition for a Writ of Habeas Corpus. (b) The name and location of the Court in which each was filed. i. Circuit Court DeSoto County, Arcadia, Fla. ii.2nd District Court of Appeal, Lakeland, Florida. iii.Supreme Court of Florida, Tallahassee, Fla. (c) The disposition thereof: i. denied ii,Affirmed A-40 iii, denied (d) The date of each such disposition: i. (Appeal) ii.(20th day of February, 1973.) (First Cert,) iii(January 19, 1973) (e) if known citations of any written opinions or orders entered pur- suant to each such disposition i. WKNOWN ii. iii. 14. Has any ground set forth in (10) been 15. previously presented to this or any other Court, State or Federal, in any petition, motion or application which you have filed? yes If you answered "yes" to (14), identify (a) Which grounds have been previously presented: i. The Same Grounds presented herein ii. iii, A-41 (b) The proceedings in which each ground was raised: i. ii. iii. 16. If any ground set forth in (10) has not previously been presented to any Court, state or federal, set forth the ground, state concisely the reasons why such ground has not previously been presented: (a) (b) (c) 17 Were you represented by an attorney at any time during the course of: (a) Your arraignment and plea? yes (b) Your trial, if any? yes (c) Your sentencing? yes (d) Your appeal, if any, from the judgement of conviction or the imposition of sentencing? yes (e) Preparation, presentation or consideration of any petitions, motions, or application with respect to this conviction, A-42 Wb wey 18. 19. which you filed? (£f) did you waive your right of representation by an attorney for any of the above proceedings? NO. If you answered "yes" to one or more parts of (17), list: (a) the name and address of each attorney who represented you: SB. ii. (b) The proceedings at which each such attorney represented you: i. ii. If you are seeking leave to proceed in forma pauperis, have you completed the sworn affidavit setting forth the required information (see in- structions, Page I of this form? X John Sykes Signature of petitioner A-43 SS i a a John Sykes , being first sworn under oath, presents that he has sub- scribed to the foregoing petition and does state that the information therein is true and correct to the best of his knowledge and belief. X John Sykes Signature of Affiant SUBSCRIBED AND SWORN to before me this 23 day of April ni (undecipherabie) Notary Public My Commission expires Notary Public State of Florida at Large My Commission expires Feb. 26, 1975 General Insurance Underwriters, Inc. (Date) A-44 € FORMA PAUPERIS AFFIDAVIT (SEE INSTRUCTIONS, PAGE I OF THIS FORM) x John Sykes Signature of Petitioner (Thumb Print) SS ZS NS” John Sykes Being first sworn under oath, presents that he has subscribed to the above and does state that the in- formation therein is true and correct to the best of his knowledge and belief. x John Sykes Signature of Affiant SUBSCRIBED AND SWORN to before me this 23 day of April “me A-45 (undecipherable) otary ic ~ Commission expires NOTARY PUBLIC STATE OF FLORIDA AT LARGE MY COMMISSION EXPIRES FEB. 26, 1975 GENERAL INSURANCE UNDERWRITERS, INC. A-46 ee UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION JOHN SYKES, #003316, Petitioner, vs. No, 73-316Civ.T.H. LOUIS L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Respondent. WAIVER The Petitioner, JOHN SYKES, hereby waives any contention or allegation as regards ineffective assistance of counsel at trial in the Twelfth Judicial Circuit of Florida or on eee" to the Second District Court of Appeals of Florida, pertaining to a Third Degree Murder Conviction for which he is presently confined in Union Correctional Insti- tution at Raiford, Florida. Dated this 20 day of November, 1973. /S/ John Sykes A-4/ WITNESSES : /S/ Calvin C. Campbell /S/ John H. Henninger CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing Waiver was mailed to Charles Corces, Jr., Assistant Attorney General, 419 Stovall Professional Building, 305 Morgan Street, Tampa, Florida, 33602. 11/28/73 Sf William F. Casler Counsel for Petitioner 502 Florida National Bank St. Petersburg, Florida A- 48 -—™ eee eee, ee —— — << #2 OO ~SeT ——_— — ee eee eee OO 28 U.S.C.A. § 2254(a) (b) (c) § 2254, State custody; remedies in Federal courts (a) The Supreme Court, a Justice thereof, a circuit judge, or a district court shall entertain an application for a writ of habeas corpus in behalf of a person in custody pursuant to the judg- ment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States. (b) An application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court shall not be granted unless it appears that the applicant has ex- hausted the remedies available in the courts of the State, or that there is either an absence of available State corrective process or the existence of circumstances rendering such process ineffective to protect the rights of the prisoner. (c) An applicant shall not be deemed to have exhausted the remedies available in the courts of the State, within the meaning of this section, if he has the right under the law of the State to raise, by any available procedure, the question presented. A-49 CONSTITUTION OF THE UNITED STATES AMENDMENT V. No person shall be held to answer for a capital, or otherwise infamous crime, un- less on a presentment or indictment of a ny jury, except in cases ——— in the and or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice “~; in jeopardy of life or limb; nor shall e compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty, or pee erty, without due rocess of law; nor shall private property e taken for public use, without just com- pensation. AMENDMENT XIV. SECTION 1. All persons born or natural- ized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or en- force any law which shall abridge the pri- vileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. A-50 FLORIDA RULES OF CRIMINAL PROCEDURE PRE-TRIAL MOTIONS RULE 3,190 (1972) (i) Motion to Suppress a Confession or Admissions Illegally Obtained. (1) Grounds. Upon motion of the de- fendant or upon its own motion, the court shall oprrees any confession or admission obtained illegally from the defendant. (2) Time for Filing. The motion to suppress shall be made prior to trial un- less opportunity therefor did ot exist or the defendant was not aware of the grounds for the motion, but the court in its dis- cretion may entertain the motion or an appropriate objection at the trial. (3) Hedring. The court shall receive evidence on any issue of fact necessary to be decided in order to rule on the motion. A-51 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385003_2311%3A3. Public record. Not legal advice.