STATE OF FLORIDA EX REL. JOHN G. MATTHEWS, PETITIONER,
v.
RICHARD O. CULVER, CUSTODIAN OF FLORIDA STATE PRISON, RESPONDENT
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The Florida Supreme Court ordered the release of a prisoner convicted under a statute later declared unconstitutional. The court found the detention unlawful because the conviction was based on an unconstitutional law, citing a prior ruling that invalidated the statute.
Yes, a prisoner is unlawfully detained when convicted and sentenced under a statute that is later declared unconstitutional.
“It therefore appears that the petitioner is being unlawfully detained in that he was convicted and sentenced under an unconstitutional statute and that he must be released.”
Establishes the court's finding that the detention is unlawful due to conviction under an unconstitutional statute.
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Join FLexlaw to unlock all legal intelligenceJohn G. Matthews was convicted and imprisoned under Florida Statute § 847.01. His conviction was affirmed on appeal. However, a subsequent Florida Sup…
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Petitioner, John G. Matthews, is confined to the Florida State Prison at Raiford for violation of § 847.01, F.S.19SS, F.S.A. After his conviction and after his appeal thereon to this Court, wherein the conviction was sustained, this Court in the case of State v. Tracey, Fla.1958, 102 So.2d 386, held the subject statute to be unconstitutional under the decision of the United States Supreme Court in Butler v. Michigan, 352 U.S. 380, 77 S.Ct. 524, 1 L.Ed.2d 412.
It therefore appears that the petitioner is being unlawfully detained in that he was convicted and sentenced under an unconstitutional statute and that he must be released.
Accordingly it is ordered that the petitioner be discharged by the respondent.
THOMAS, C. J., and HOBSON, DREW and O’CONNELL, JJ., concur.
TERRELL, ROBERTS and THOR-NAL, JJ., dissent.
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Authorities Cited
- Butler v. Michigan, 352 U.S. 380 (U.S. 1957)
- State v. Tracey, 102 So. 2d 386 (Fla. 1958)