HYSLER

v.

FLORIDA

Citator

Cited By (23 total)

• State ex rel. Johnson v. Mayo, 69 So. 2d 307 (Fla. 1954)
  …t be pronounced against him; section 921.13, Florida Statutes 1951, F.S.A., or to raise it in his petition for leave to apply to the trial court for a writ of error coram nobis. Lamb v. State, 91 Fla. 396, 107 So. 535; Hysler v. State, 315 U.S. 411, 316 U.S. 642, 62 S.Ct. 688, 86 L.Ed. 932. In the petition for the writ of habe-as corpus the petitioner has not made any attempt to give a reason for his failure, to. raise in prior proceedings the grounds now asserted for the first time in his petition for hab…
• Sullivan v. State, 154 Fla. 496 (Fla. 1944)
  …of Florida, 308 U. S. 541, 60 S. Ct. 127, 84 L. Ed. 456, reversed 309 U. S. 227, 60 S. Ct. 472, 84 L. Ed. 716; Hysler v. State, 146 Fla. 593, 1 So. (2nd) 628, certiorari granted, 313 U. S. 557, 61 S. Ct. 1113, 85 L. Ed. 1518, affirmed 315 U.S. 411, 316 U.S. 642, 62 S. Ct. 688, 86 L. Ed. 932. The law is well settled that the writ is not available unless the error claimed would have precluded the entry of a judgment against the petitioner. It is not enough to say that the error would compel the reversal of…
• Horner v. State, 158 So. 2d 789 (Fla. 3d DCA 1963)
  …e: Chambers v. State, 117 Fla. 642, 158 So. 153; 7 Fla.Jur., Coram Nobis, § 16. On the issues as made by the petition and the answer, the matters in conflict are to be resolved by a jury. See: Chambers v. State, supra; Hysler v. State, 315 U.S. 411, 316 U.S. 642, 62 S.Ct. 688, 86 L.Ed. 932; 146 Fla. 593, 1 So. 2d 628; 7 Fla. Jur., Coram Nobis, § 20. If the appellant had prevailed at a jury trial, the verdict would have to grant him a new trial. By the summary final judgment here under review, he secured the…