Wainwright V. Simpson

In the Circuit Court for Dade County, Florida, a jury found Clarence Simpson guilty of murder in the first degree but recommended mercy. On May 23, 1962 he was sentenced to life imprisonment. He had been represented by counsel chosen originally by his family but appointed by the Court when Simpson and his family became unable to pay. Counsel deliberately failed to move for a new trial or to file a notice of appeal, although he considered that meritorious grounds were present. He further failed to advise Simpson of such grounds or of the jurisdictional time limitations within which a motion for new trial or notice of appeal might be filed.