FRANK EARL SENK, PETITIONER,
v.
H. G. COCHRAN, JR., DIRECTOR OF DIVISION OF CORRECTIONS, RESPONDENT
FRANK EARL SENK, PETITIONER,
H. G. COCHRAN, JR., DIRECTOR OF DIVISION OF CORRECTIONS, RESPONDENT
116 So. 2d 244
Florida Supreme Court (1959)
Positive Treatment
Cited by 1 case
Opinion of the Court
This matter came on to be heard on the writ of habeas corpus previously issued and the return filed thereto and it appearing from the return that the petitioner has not been afforded a hearing in the manner contemplated by Section 947.23, Florida Statutes 1957, F.S.A., it is, therefore, ordered that the petitioner be discharged 31 December 1959 unless the Parole Commission meanwhile grants the petitioner a hearing in the manner prescribed by law and consequent upon the hearing determines that his parole should be revoked. See Jackson v. Mayo, Fla., 73 So.2d 881.
It is so ordered.
THOMAS, C. J., and TERRELL, HOB-SON, ROBERTS and DREW, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State ex rel. Lewis Roberts v. Cochran, 140 So. 2d 597 (Fla. 1962)…County order revoking probation, then the latter order was improperly entered. We have held that the validity of air order revoking probation may be tested in a habeas corpus proceeding. Jackson v. Mayo (Fla.) 73 So. 2d 881; Senk v. Cochran (Fla.) 116 So. 2d 244. We must now determine whether a valid conviction is a condition precedent to the [*599] revocation of a probation order grounded upon a violation of so-called “Condition H”, which merely requires that the accused “must live and remain at liberty w…
Authorities Cited
- Jackson v. Mayo, 73 So. 2d 881 (Fla. 1954)