ROBERT JOLLY, PETITIONER,
v.
L. L. WAINWRIGHT, DIRECTOR OF DIVISION OF CORRECTIONS, STATE OF FLORIDA, RESPONDENT
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The Florida District Court of Appeal denied a petition for a writ of habeas corpus, holding that a prisoner cannot obtain relief simply because they were forcibly brought to Florida for trial without extradition.
No, a prisoner is not entitled to habeas corpus relief merely because they were forcibly brought to Florida for trial without extradition or by an abuse of legal process, provided they received a fair trial.
“A prisoner who has been convicted of a crime and sentenced to imprisonment therefor, after having been given a fair trial in accordance with constitutional procedural safeguards, is not entitled to relief by way of habeas corpus merely because he was brought within the court's jurisdiction by reason of a "forcible abduction" or by an abuse of legal process.”
This quote states the core legal principle applied by the court to deny the habeas corpus petition.
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Join FLexlaw to unlock all legal intelligenceRobert Jolly, a prisoner in Florida's custody, petitioned for a writ of habeas corpus. He alleged he was apprehended in Kentucky and forcibly brought …
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This matter is before the court on a petition of Robert Jolly for writ of habeas corpus.
It appears that the defendant is in the custody of the Division of Corrections of Florida as a result of judgment and sentence by the Circuit Court of Pinellas County, Florida. The petitioner alleges that he was apprehended in Kentucky and forcibly brought to Florida for trial, was not extia-dited and did not waive extradition.
A prisoner who has been convicted of a crime and sentenced to imprisonment therefor, after having been given a fair trial in accordance with constitutional procedural safeguards, is not entitled to relief by way of habeas corpus merely because he was brought within the court’s jurisdiction by reason of a “forcible abduction” or by an abuse of legal process. Frisbie v. Collins, 1952, 342 U.S. 519, 72 S.Ct. 509, 96 L.Ed. 541; Hobson v. Crouse, 10 Cir., 1964, 332 F.2d 561; Hunter v. State, Fla.App.1965, 174 So.2d 415, Opinion filed April 27, 1965.
Accordingly, the petition for writ of ha-beas corpus is
Denied.
SMITH, C. J., and SHANNON and ANDREWS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Grimes v. State, 244 So. 2d 130 (Fla. 1971)…ed to escape justice because he was brought to trial against his will.” 342 U.S. 522, 72 S.Ct. 511, 96 L.Ed. 545. See also Hobson v. Crouse, 332 F. 2d 561 (C.C.A.10th, 1964); Hunter v. State, 174 So. 2d 415 (Fla.App.3rd, 1965); Jolly v. Wainwright, 175 So. 2d 245 (Fla.App.2d, 1965). The Defendant was given the opportunity to secure advice of counsel and was advised as to his constitutional rights several times before he confessed. The confession was properly admitted into evidence. Finally, Defendant conte…
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The Lewis State Bank v. The Travelers Ins. Co., 356 So. 2d 1344 (Fla. 1st DCA 1978)…parties requiring that notice be given to the assignee, “the insurer was under no duty to inform the assignee of the time when payment of premiums was required.” (Massachusetts Mutual Life Insurance Company v. Pinellas Central Bank & Trust Company, 175 So. 2d 245 (Fla. 2d DCA 1965), at page 248). Appellant relies heavily on an opinion of this court, Travelers Insurance Company v. Tallahassee Bank and Trust Company, 133 So. 2d 463 (Fla. 1st DCA 1961). That case, however, is clearly distinguishable. In the Tr…
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Fla. Cent. Credit Union v. Mass. Mut. Life Ins. Co., 304 So. 2d 545 (Fla. 3d DCA 1974)…PER CURIAM. Affirmed on the authority of Massachusetts Mutual Life Insurance Company v. Pinellas Central Bank & Trust Company, Fla.App.1965, 175 So. 2d 245.…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Frisbie v. Collins, 342 U.S. 519 (U.S. 1952)
- Hobson v. Crouse, 332 F.2d 561 (10th Cir. 1964)
- Hunter v. State, 174 So. 2d 415 (Fla. 3d DCA 1965)