DAN OSCAR HILLHOUSE, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT
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 Appendix, 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
-
Zuniga v. State, 184 So. 2d 659 (Fla. 1st DCA 1966)…r such rule habeas corpus may not be resorted to 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 ru…
-
Adams v. Louie L. Wainwright, 381 So. 2d 248 (Fla. 1st DCA 1979)…trial court denied the motion and petitioner has failed to show a timely pursuit of appellate remedies under the Rule on those grounds; relief by habeas corpus is thus precluded. Stewart v. Wainwright, 206 So. 2d 211 (Fla.1968); Hillhouse v. State, 159 So. 2d 228 (Fla.1963); Fla.R.Crim.P. 3.850. Accordingly, the petition is denied. ■ MILLS, C. J., and LARRY G. SMITH and WENTWORTH, JJ., concur.…
-
Stewart v. Louie L. Wainwright, 206 So. 2d 211 (Fla. 1968)…proceedings presenting the same issues under Rule 1, Supreme Court Rules of Criminal Procedure, F.S.A. ch. 924 Appendix, Stewart v. State, Fla.App., 159 So. 2d 681. See Mitchell v. Wainwright, Fla.1963, 155 So. 2d 868; Hillhouse v. State, Fla.1963, 159 So. 2d 228; Zuniga v. State, [*212] Fla.App. 1966, 184 So. 2d 659, cert. dis. 189 So. 2d 635, cert. denied 385 U.S. 962, 87 S.Ct. 404, 17 L.Ed.2d 307. CALDWELL, C. J., and DREW, THOR-NAL, ERVIN and ADAMS, JJ., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Berend v. Louie L. Wainwright, 155 So. 2d 868 (Fla. 1963)