PARROT ET AL.
v.
CITY OF TALLAHASSEE
Per Curiam.
The petition for writ of certiorari is granted and the judgment of the Florida Circuit Court is reversed. Robinson v. Florida, 378 U. S. 153.
Respondent asserts that the judgment below rests on an adequate independent state ground in that petitioners, through misunderstanding or oversight, failed to obtain certification of the Circuit Court record submitted with their otherwise timely petition for writ of certiorari in the Florida District Court of Appeal, First District. Petitioners tried to correct this non jurisdictional defect (see, e. g., Aris v. State, 162 So. 2d 670 (Fla. Dist. Ct. App.)) when notified of it, but their petition was dismissed nonetheless. We do not find this procedural ground adequate to bar review by this Court. See Staub v. City of Baxley, 355 U. S. 313; NAACP v. Alabama, 357 U. S. 449; NAACP v. Alabama, 377 U. S. 288.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Monger v. Florida, 405 U.S. 958 (U.S. 1972)…ting Park, 396 U. S. 229; that a criminal defendant had not made timely objection to the admission of evidence, Henry v. Mississippi, 379 U. S. 443; or that the required certification of the state appeal had not been obtained, Parrot v. Tallahassee, 381 U. S. 129. See also R. Stern & E. Gressman, Supreme Court Practice 131-142 (4th ed. 1969); Hill, supra; Note, 74 Harv. L. Rev. 1375 (1961); Note, 62 Col. L. Rev. 822 (1962). In Henry v. Mississippi, supra, at 446-447, we summarized the effect of procedural ir…
Authorities Cited
- Nat'l Ass'n for the Advancement of Colored People v. Alabama Ex rel. Patterson, 357 U.S. 449 (U.S. 1958)
- Staub v. City of Baxley, 355 U.S. 313 (U.S. 1958)
- Nat'l Ass'n for the Advancement of Colored People v. Alabama Ex rel. Flowers, 377 U.S. 288 (U.S. 1964)
- Robinson v. Florida, 378 U.S. 153 (U.S. 1964)
- Aris v. State, 162 So. 2d 670 (Fla. 1st DCA 1964)