WILLIAM EDWIN WALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. | 1966-07-08
No. 35468
THORNAL, C. J., and ROBERTS, DREW, O’CONNELL and CALDWELL, JJ., concur.
189 So. 2d 365 Florida Supreme Court (1966)

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Synopsis

The Florida Supreme Court dismissed an appeal from a decision affirming the denial of post-conviction relief, finding the court lacked jurisdiction. The court also denied a separate petition for a writ of habeas corpus.


Holding

No, the Florida Supreme Court does not have jurisdiction to hear the appeal. No, the petition for a writ of habeas corpus does not reveal a basis for relief.


Key Quotes

“It is apparent on the face of the record that this Court is without jurisdiction to hear the appeal and it is, therefore, dismissed sua sponte.”

Establishes the reason for dismissing the appeal.

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Facts & Procedural History

The appellant appealed a District Court's decision that affirmed a trial judge's order denying post-conviction relief. The appellant also filed a sepa…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant has appealed from a decision of a District Court affirming an Order of the trial judge denying post-conviction relief under Criminal Procedure Rule 1, F.S.A. ch. 924 Appendix. We have examined the appeal papers, including the Order of the trial judge and the affirming decision of the District Court. It is apparent on the face of the record that this Court is without jurisdiction to hear the appeal and it is, therefore, dismissed sua sponte.

Additionally, the appellant has filed in this Court, a document entitled “Amend Motion to Vacate”. This document is treated as a petition for a Writ of Habeas Corpus and upon finding that it reveals no basis for relief by way of Habeas Corpus in this Court, the Writ is denied.

It is so ordered.

THORNAL, C. J., and ROBERTS, DREW, O’CONNELL and CALDWELL, JJ., concur.


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