Wainright v. Torna, 455 U.S. 586 (1982)

Wainright v. Torna

No. 81-362

Decided March 22, 1982
455 U.S. 586

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE FIFTH CIRCUIT

Syllabus

Held: The Federal District Court properly dismissed respondent state prisoner’s habeas corpus petition asserting that he had been denied his right to the effective assistance of counsel because an application for certiorari -- filed by his retained counsel in the Florida Supreme Court to review the Florida District Court of Appeal’s affirmance of respondent’s state conviction -- had been dismissed as not having been timely filed. Respondent did not contest the District Court’s finding that review by the Florida Supreme Court was discretionary. Since a criminal defendant does not have a constitutional right to counsel to pursue discretionary state appeals, Ross v. Moffitt, 417 U.S. 600, respondent could not be deprived of the effective assistance of counsel by his retained counsel’s failure to file a timely application.

Certiorari granted; 649 F.2d 290, reversed.