HAROLD RAYMOND HOOKS, PETITIONER-APPELLANT,
v.
4TH DISTRICT COURT OF APPEAL, FLA., AND STATE OF FLORIDA, AND WALTER COLBAITH, ETC., RESPONDENTS-APPELLEES
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The court held that an appeal from an order denying a writ of habeas corpus cannot be taken without a certificate of probable cause.
Appellant, a Florida prisoner, appealed an order denying his petition for a writ of habeas corpus. He sought reduction of bond pending his state court…
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PER CURIAM:
This appeal is taken from an order denying the petition of a Florida prisoner for the writ of habeas corpus. We dismiss the appeal.
An appeal from an order of the district court denying the writ of habeas corpus may not be taken unless that district court issues a certificate of probable cause to appeal, or this Court grants such certificate, 28 U.S.C. § 2253. Appellant has failed to apply for such certificate. Therefore, this Court is without jurisdiction to entertain the appeal, McFrederick v. Florida, 5 Cir., 1958, 261 F. 2d 52; Willis v. Ellis, 5 Cir., 1954, 217 F. 2d 135.
An examination of the record reveals no basis for the issuance of such certificate by this Court. In his habeas petition appellant prayed for reduction of bond pending his direct appeal in state court. It is well settled that there is no absolute right to bail pending appeal, and this Court will not interfere with the state court’s determination of the amount of bail required to ensure a defendant’s presence while his appeal is pending. Ballard v. Texas, 5 Cir., 1971, 438 F. 2d 640; Grech v. Purdy, 5 Cir., 1970, 426 F. 2d 304; Fink v. Heyd, 5 Cir., 1969, 408 F. 2d 7, cert. denied 396 U.S. 895, 90 S.Ct. 192, 24 L.Ed.2d 172.
Therefore, the appeal is
Dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hooks v. Roberts, 480 F.2d 1196 (5th Cir. 1973)
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Jeffries v. Barksdale, 453 U.S. 914 (U.S. 1981)
-
Davis v. Jacobs, 454 U.S. 911 (U.S. 1981)
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- United States ex rel. Stephen Fink v. Heyd, 408 F.2d 7 (5th Cir. 1969)
- James v. New York, 396 U.S. 895 (U.S. 1969)
- Stebbins v. State Farm Mut. Auto. Ins. Co., 396 U.S. 895 (U.S. 1969)
- McFREDERICK v. State, 261 F.2d 52 (5th Cir. 1958)
- Willis v. Ellis, 217 F.2d 135 (5th Cir. 1954)
- Boslough v. United States, 426 F.2d 304 (9th Cir. 1970)
- Grech v. Purdy, 426 F.2d 304 (5th Cir. 1970)
- Emmitt Alfred Ballard v. The State OF Tex., 438 F.2d 640 (5th Cir. 1971)