HAROLD L. PALMER, PETITIONER,
v.
LOUIE L. WAINWRIGHT, DIRECTOR, DIVISION OF CORRECTIONS, RESPONDENT
This matter recurs for consideration upon the judgment and mandate of the Supreme Court of the United States, 83 S.Ct. 1881. Pursuant to the directions of that Court it is now found that the petition, if proved, alleged grounds for post-conviction relief. In order to expedite the disposition of the matter we decline to issue a writ of habeas corpus, but expressly without prejudice to the petitioner to proceed under Florida Criminal Procedure Rule No. 1, 31 F.S.A. See Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799, and on remand, Gideon v. Wainwright, (Fla.) 153 So.2d 299.
It is so ordered.
TERRELL, Acting C. J., and THOMAS ROBERTS, O’CONNELL and CALDWELL, JJ., concur.
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Coon v. Bd. OF Pub. Instruction OF Okaloosa Cnty., 203 So. 2d 497 (Fla. 1967)…The Court in Cranor had relied upon Givens v. Hillsborough County, 46 Fla. 502, 35 So. 88 (1903). See also, Everglades Sugar and Land Co. v. Board of Sup’rs., et al., 78 Fla. 275, 82 So. 815 (1919). In the recent case of State v. County of Sarasota, 155 So. 2d 543 (Fla. 1963), we accorded controlling effect to a local act which cured defects in the publication of a notice of a bond election. The appellant attacks the validity of Chapter 67-1809, supra, with the contention that it is a local act which regulat…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gideon v. Wainwright, 372 U.S. 335 (U.S. 1963)
- Gideon v. Louie L. Wainwright, 153 So. 2d 299 (Fla. 1963)
- Coleman v. Wainwright, 146 So. 2d 758 (Fla. 1962)