JAMES D. BROWN, PETITIONER,
v.
L. L. WAINWRIGHT, DIRECTOR, DIVISION OF CORRECTIONS, RESPONDENT
JAMES D. BROWN, PETITIONER,
L. L. WAINWRIGHT, DIRECTOR, DIVISION OF CORRECTIONS, RESPONDENT
158 So. 2d 527
Florida Supreme Court (1963)
Positive Treatment
Cited by 4 cases
Opinion of the Court
We have for consideration an original petition for writ of habeas corpus. A motion by petitioner to vacate his judgment and sentence has been previously filed in the trial court pursuant to Rule 1, Supreme Court Rules of Criminal Procedure, F.S.A. ch. 924 app., and denied by order of the court finding that petitioner is not entitled to the relief requested.
Petitioner here has failed to show a timely pursuit of appellate remedies under the Rule and presents no independent ground for invoking the jurisdiction of this Court. Art. V, Sec. 4, Florida Constitution F.S.A. Mitchell v. Wainwright, Fla.1963, 155 So.2d 868.
The writ is accordingly denied.
DREW, C. J., and TERRELL, THOMAS, ROBERTS and THORNAL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Zuniga v. State, 184 So. 2d 659 (Fla. 1st DCA 1966)…until the remedy under the rule, including appropriate appellate review in a court of competent jurisdiction, has been exhausted. Holloway v. Wainwright, 160 So. 2d 116 (Fla.1963); Hillhouse v. State, 159 So. 2d 228 (Fla.1963); Brown v. Wainwright, 158 So. 2d 527 (Fla.1963); Gafford v. Wainwright, 157 So. 2d 138 (Fla.1963); Mitchell v. Wainwright, 155 So. 2d 868 (Fla.1963). In summary, the hearing pursuant to F.S. 909.12, F.S.A. is not subject to the strict rules of evidence or procedure governing a jury tr…
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McMASTER v. Purdy, 274 So. 2d 564 (Fla. 3d DCA 1973)…PER CURIAM. Affirmed. See Higginbotham v. State, Fla.App.1969, 223 So. 2d 769; Hillhouse v. State, Fla.1963, 159 So. 2d 228; Hohenstein v. Wainwright, Fla.1963, 158 So. 2d 527; Ivey v. State, Fla.1963, 157 So. 2d 811.…
Authorities Cited
- Berend v. Louie L. Wainwright, 155 So. 2d 868 (Fla. 1963)