JOHN HENRY BELL, PETITIONER,
v.
H. G. COCHRAN, JR., DIRECTOR, DIVISION OF CORRECTIONS, RESPONDENT
JOHN HENRY BELL, PETITIONER,
H. G. COCHRAN, JR., DIRECTOR, DIVISION OF CORRECTIONS, RESPONDENT
140 So. 2d 300
Florida Supreme Court (1962)
Positive Treatment
Cited by 26 cases
Opinion of the Court
Upon consideration of the respondent’s answer to the writ of habeas corpus heretofore issued in this cause, it is
ORDERED that the writ of habeas corpus, dated February 5, 1962, be and the same is hereby discharged and the petitioner is hereby remanded to the custody of the respondent.
ROBERTS, C. J., and TERRELL, THOMAS, DREW and HOBSON (ret.), JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (25 total)
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State v. Hall, 641 So. 2d 403 (Fla. 1994)…court is divested of all jurisdiction over the person of the probationer unless in the meantime the processes of the court have been set in motion for revocation or modification of the probation pursuant to Section 948.06, F.S. Carroll v. Cochran, 140 So. 2d 300, 301 (Fla.1962) (alteration in original) (quoting State ex rel. Ard v. Shelby, 97 So. 2d 631, 632 (Fla. 1st DCA 1957)). See also Rodriguez v. State, 511 So. 2d 444 (Fla. 2d DCA 1987); Brooker v. State, 207 So. 2d 478 (Fla. 3d DCA 1968). The State re…
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Clark v. State, 402 So. 2d 43 (Fla. 4th DCA 1981)…ocess set in motion by the original affidavit. . . . ” Furthermore, the state suggests that the similarity between the original and the added charges lends credence to its “relation-back” theory. We disagree. The Supreme Court in Carroll v. Cochran, 140 So. 2d 300 (Fla.1962), upheld a revocation of probation even though an arrest warrant was not served until after the termination of probation. The court grounded its decision on the fact that “the processes of the trial court had been timely set in motion . .…
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Slingbaum v. State, 751 So. 2d 89 (Fla. 2d DCA 1999)…ationary period the court is divested of all jurisdiction over the person of the probationer unless in the meantime the processes of the court have been set in motion for revocation or modification of the probation....”) (quoting Carroll v. Cochran, 140 So. 2d 300, 301 (Fla.1962)). The First and Fourth Districts have held that such a claim is cognizable in a rule 3.800 proceeding. See Jett v. State, 722 So. 2d 211 (Fla. 1st DCA 1998); Wilson v. State, 698 So. 2d 1380 (Fla. 4th DCA 1997). Although we agree th…
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