JOHN D. CHAMPION, PETITIONER,
v.
H. G. COCHRAN, JR., RESPONDENT
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The Florida Supreme Court denied a petition for a writ of habeas corpus filed on behalf of John D. Champion, who was convicted of escape. The court found the petition did not make a prima facie showing of entitlement to discharge.
No, the petitions did not make a prima facie showing that John D. Champion was entitled to be discharged from custody.
“It appears that the petitions do not make a prima facie showing that the prisoner is entitled to be discharged from custody.”
Establishes the court's primary reason for denying the petition.
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Join FLexlaw to unlock all legal intelligenceJohn D. Champion was allegedly in confinement for a conviction of escape. His mother and sister, and later Champion himself, filed informal petitions …
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■On March 2, 1961, an informal petition for writ of habeas corpus was filed by the mother and sister of John D. Champion, who, it is alleged, is presently in confinement as a result of a conviction for escape. The prisoner has since filed a petition in his own behalf, also praying for his release from imprisonment. It appears that the petitions do not make a prima facie showing that the prisoner is entitled to be discharged from custody. Accordingly, the petitions are denied but without prejudice to the person detained or some other person in his behalf to file a new or amended petition clearly showing by affidavit or other evidence that the petitioner was an unmarried minor at the time of his trial for escape and that the provisions of Section 932.38, F.S.A. were not complied with in his case.
It is so ordered.
THOMAS, C. J., and TERRELL, HOB-SON, THORNAL and O’CONNELL, JJ., concurring.
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Miles v. State, 174 So. 2d 576 (Fla. 3d DCA 1965)…rit.” and accordingly, denied the petition. No reversible error saving been made to appear, the order appealed is hereby affirmed. Affirmed. .§ 932.38 Fla.Stat., F.S.A.; Penley v. Cochran, Fla.1961, 131 So. 2d 721; Champion v. Cochran, Fla.1961, 128 So. 2d 386. . See Blocker v. State, 90 Fla. 136, 105 So. 316 (1925). . Emphasis supplied.…
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ST. Anne Airways, Inc. v. Webb, 142 So. 2d 142 (Fla. 3d DCA 1962)…ere without merit. The contention that jurisdiction was lacking for separate maintenance under § 65.10, Fla.Stat., F.S.A., because neither spouse resided in Florida was properly rejected on authority of the recent case of Martin v. Martin, Fla.1961, 128 So. 2d 386. The further contention in the motion that property sought to be reached was not in the jurisdiction, was not of itself sufficient to preclude exercise of jurisdiction over the main object of the suit which was for alimony.…
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Martin v. Martin, 128 So. 2d 887 (Fla. 3d DCA 1961)…h Judicial Circuit in and for Dade County, Florida, in the above styled cause, dated September 23, 1959; and Whereas, on review of this court’s judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed March 22, 1961, 128 So. 2d 386 quashed this court’s judgment of reversal; and Whereas, by the mandate of the Supreme Court of Florida, dated April 18, 1961, now lodged in this court the decree of the Circuit Court, Dade County, was affirmed. It is so ordered. Therefore, it is o…
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