EUGENE DOLPHUS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 1971-01-27
No. 40652
ROBERTS, C. J., and ERVIN, CARLTON, ADKINS and BOYD, JJ., concur.
243 So. 2d 573 Florida Supreme Court (1971) Positive Treatment
Cited by 18 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

This matter has been considered on petition for writ of habeas corpus.

Petitioner is no stranger to this Court. Prior to the present application, we decided his petition for writ of certiorari, Dolphus v. State, 237 So.2d 751, and his petition for writ of mandamus, case number 40,247, both of which raise many of the same allegations and arguments as now presented.

In the petition now before us, petitioner submits twenty allegations which are contended to be “constitutional claims, in violation of the United States Constitution, and the Constitution of the State of Florida.” Upon examination of the total record, including those portions that are resultant of petitioner’s earlier appearances before the Court, it is clear that each and every allegation presented is without merit. Therefore, the writ of habeas corpus is denied.

It is so ordered.

ROBERTS, C. J., and ERVIN, CARLTON, ADKINS and BOYD, JJ., concur.


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  • In re Advisory Opinion TO THE Governor, 509 So. 2d 292 (Fla. 1987)
    …s duty to insure the laws are faithfully executed under Article IV, Section 1(a), are proper foundations upon which to base a request for an advisory opinion involving the validity of a new revenue source. See In re Advisory Opinion to the Governor, 243 So. 2d 573 (1971), wherein this Court responded to the request of Governor Askew as to whether his corporate income tax proposal violated Article VII, Section 5 of the Constitution of the State of Florida. “Specifically, I am in doubt as to whether under the…
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  • …be sued to the same extent as natural persons. Additionally, most courts which have considered the question have concluded that corporations are citizens for the purpose of pursuing rights granted to citizens. See In re Advisory Opinion to Governor, 243 So. 2d 573 (Fla.1971) (discussing the holdings from numerous jurisdictions). We agree with the Fourth District Court of Appeal4 that, by enacting section 403.412, the legislature has declared the protection of the environment to be a collective responsibility…
  • Plante v. Smathers, 372 So. 2d 933 (Fla. 1979)
    …opted article II, section 8, Florida Constitution, commonly referred to as the “Sunshine Amendment.” In construing this section, it is our duty to discern and effectuate the intent and objective of the people. In re Advisory Opinion to the Governor, 243 So. 2d 573 (Fla.1971); State ex rel. McKay v. Keller, 140 Fla. 346, 191 So. 542 (1939). The spirit of the constitution is as obligatory as the written word. Amos v. Matthews, 99 Fla. 1, 126 So. 308 (1930). The objective to be accomplished and the evils to be r…

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