JEWEL BERTRAM WOOLEY, JR., PETITIONER-APPELLEE,
v.
CONSOLIDATED CITY OF JACKSONVILLE AND DUVAL COUNTY, STATE OF FLORIDA, RESPONDENTS-APPELLANTS
JEWEL BERTRAM WOOLEY, JR., PETITIONER-APPELLEE,
CONSOLIDATED CITY OF JACKSONVILLE AND DUVAL COUNTY, STATE OF FLORIDA, RESPONDENTS-APPELLANTS
433 F.2d 980
Court of Appeals for the Fifth Circuit (1970)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM:
In this case the District Court held that a defendant in a municipal court, in the absence of waiver, has a right to counsel if the potential penalty in all pending charges could amount to as much as imprisonment for 90 days or a fine of $500.
The decision of the District Court is reported, 308 F.Supp. 1194 (M.D., Fla., 1970). We agree with the District Court that a prisoner in the custody of municipal authorities may, in proper cases, have the benefit of the writ of habeas corpus. We consider it of no moment that the pro se petitioner did not correctly style his case.
We further agree that this petitioner-appellee was entitled to the benefit of the decision rendered in Harvey v. Mississippi, 5 Cir., 1965, 340 F. 2d 263.
The judgment of the District Court is
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Limmie West, III v. State OF La., 478 F.2d 1026 (5th Cir. 1973)
-
Russell v. Honorable Judge Lamar Knight, 488 F.2d 96 (5th Cir. 1973)
-
Alvis v. Kimbrough, 446 F.2d 548 (5th Cir. 1971)
Authorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Harvey v. State OF Miss., 340 F.2d 263 (5th Cir. 1965)