EDD POTTER
v.
NATHAN MAYO, AS CUSTODIAN OF THE STATE PRISON AND L. F. CHAPMAN, AS SUPERINTENDENT OF THE STATE PRISON
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The Florida Supreme Court denied a petition for an insolvent prisoner to have the county pay for a transcript needed to seek certiorari from the U.S. Supreme Court. The court relied on a prior ruling that denied similar relief.
No, the county is not required to pay for the transcript under these circumstances.
“The Petitioner was tried and convicted of robbery in the Criminal Court of Record of Duval County. After sentence, he petitioned this Court for a Writ of Habeas Corpus and on consideration thereof the writ was denied.”
Establishes the petitioner's prior conviction and the denial of his initial habeas corpus petition.
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Join FLexlaw to unlock all legal intelligenceA petitioner, convicted of robbery, had a prior petition for a writ of habeas corpus denied by the Florida Supreme Court. He then filed a new petition…
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The Petitioner was tried and convicted of robbery in the Criminal Court of Record of Duval County. After sentence, he petitioned this Court for a Writ of Habeas Corpus and on consideration thereof the writ was denied.
Petitioner now files a sworn petition here stating among other things that-he desires to have the judgment of this Court denying said writ reviewed by certiorari from the Supreme Court of the United States and for this purpose will require transcript of record from this Court. The prayer of the petition is that this Court enter its order adjudging Petitioner to be insolvent and'requiring the County *594of Duval to pay the costs of preparing the transcript of record essential to such course and for other costs which might accrue in said cause incident thereto. The petition is denied on authority of the holding of this Court in the case of Jones v. Mayo, et al., 126 Fla. 523, 171 So. 312.
Ordered accordingly.
Brown, Buford, Chapman and Thomas, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Buchanan v. The State of Fla. ex rel. Dennis Mullene Moon, 166 So. 2d 705 (Fla. 3d DCA 1964)…proceedings. We find and hold that his action in permitting the appeal in this instance to be prosecuted without the payment of the costs to be erroneous upon the authority of Jones v. Mayo, 1936, 126 Fla. 523, 171 So. 312, and Potter v. Mayo, 1939, 137 Fla. 593, 188 So. 784. Therefore in view of the aforesaid so much of the circuit judge’s order permitting appellate review of his decision without the payment of costs by the appellee be and the same is hereby vacated and reversed. We note from our records…
Authorities Cited
- Jones v. Mayo, 126 Fla. 523 (Fla. 1936)