GARY THOMAS MORGAN, PETITIONER,
v.
H. G. COCHRAN, JR., DIRECTOR, DIVISION OF CORRECTIONS, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court granted a writ of habeas corpus to Gary Thomas Morgan, finding his imprisonment illegal due to non-compliance with a statutory notice requirement. The court ordered his release pending further proceedings on the escape charge.
Yes, the petitioner was illegally restrained of his liberty because the mandatory notice provision of § 932.38, F.S.A. was not followed.
“In the light of this omission it follows that the petitioner is illegally restrained of his liberty under the purported conviction of the crime of escape and that he must be released from confinement”
Establishes the illegality of the restraint due to the statutory violation.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceGary Thomas Morgan, an unmarried minor, was convicted of unlawful escape from state prison. He contended that he did not receive proper notice of the …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Notice Of Charges cases and more on FLexlaw
In his petition for writ of habeas corpus Gary Thomas Morgan contended that on the date of his trial for the crime of unlawful escape from the state prison while confined pursuant to a conviction of a felony, he was an unmarried minor and that notice of the charges against him was not given as required by § 932.38, F.S.A. We issued the writ and respondent has filed a return conceding the non-compliance with the mandatory provision of § 932.38, F.S.A. In the light of this omission it follows that the petitioner is illegally restrained of his liberty under the purported conviction of the crime of escape and that he must be released from confinement, however, petitioner is remanded to the custody of the respondent pending appropriate disposition of the aforesaid charge of escape.
It is so ordered.
ROBERTS, C. J., and TERRELL, THOMAS, THORNAL and O’CONNELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Morris, 311 So. 2d 728 (Fla. 4th DCA 1975)…y if the individual charged is an unmarried minor both at the time he is charged and at the time he is tried for the offense charged. See Habich v. Cochran, 148 So. 2d 5 (Fla.1962); Collins v. Wainwright, 146 So. 2d 97 (Fla.1962); Morgan v. Cochran, 142 So. 2d 4 (Fla.1962); Craig v. Cochran, 132 So. 2d 196 (Fla.1961); Di Marco v. Cochran, 127 So. 2d 674 (Fla.1961); Williams v. Cochran, 126 So. 2d 887 (Fla.1961); Tharpe v. State, 273 So. 2d 399 (Fla.App.1973); Romero v. State, 251 So. 2d 137 (Fla.App.1971);…