JAMES DARRELL JOHNS, PETITIONER,
v.
LOUIE L. WAINWRIGHT, DIRECTOR, DIVISION OF CORRECTIONS OF THE STATE OF FLORIDA, RESPONDENT
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Habeas corpus will not be used to circumvent appellate rules or reconsider issues already decided by a District Court of Appeal.
Petitioner was convicted of robbery, his conviction was affirmed on appeal, and his subsequent petition for certiorari was denied as untimely. Petitio…
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This cause is before us on petition for writ of habeas corpus.
Petitioner was convicted of the offense of robbery and sentenced to imprisonment for life. On appeal, the judgment of conviction was affirmed. Petitioner sought a writ of certiorari from this Court directed to the District Court of Appeal, but the petition was denied because it was untimely filed.
Now, petitioner invokes habeas corpus proceeding alleging the same errors as those presented to the District Court of Appeal and decided adversely to him. This Court will not reconsider those issues. Jones v. Wainwright, 252 So.2d 570, opinion filed September 8, 1971.
*874This is in essence a petition for conflict certiorari (labeled habeas corpus) to circumvent the requirement of the rule that the petition be filed within thirty days from the decision of the District Court.
The District Courts of Appeal were never intended to be intermediate courts. It was the intention of the framers of the constitutional amendment which created the District Courts that the decision of those courts would, in most cases, be final and absolute.
The finality of the decision of the District Court of Appeal is recognized and the petition for writ of habeas corpus is denied.
It is so ordered.
ROBERTS, C. J., and BOYD, McCAIN and DEKLE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By (11 total)
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Gilliam v. Stewart, 291 So. 2d 593 (Fla. 1974)…ceding from them when we find them no longer meaningful. There is no supremacy clause in the Florida Constitution as there is in the Federal Constitution (Article VI). District Courts have final appellate jurisdiction (Johns v. Wainwright (Fla.1971) 253 So. 2d 873, 874) except as otherwise provided in the Florida Constitution. Consequently District Courts must decide appeals according to the justice of the cause in keeping with controlling law from whatever source. Under Article V’s appellate scheme conflict…
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Stanfill v. State, 384 So. 2d 141 (Fla. 1980)…tion 775.08(2) provides that the term “misdemeanor” does not mean a conviction for any violation of any provision of chapter 316, and section 316.026(4) provides that the penalty for violating section 316.027 is a felony. . See Johns v. Wainwright, 253 So. 2d 873 (Fla.1971); Ansin v. Thurston, 101 So. 2d 808 (Fla.1958).…
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Morgan v. State, 337 So. 2d 951 (Fla. 1976)…of Appeal does not have authority to overrule a decision of the Supreme Court of Florida.” Hoffman v. Jones, 280 So. 2d 431, 440 (Fla.1973). Within their sphere, however, District Courts of Appeal are courts of last resort. See Johns v. Wainwright, 253 So. 2d 873 (Fla.1971); Lake v. Lake, 103 So. 2d 639 (Fla.1958). As such, they draw for precedent on their own prior decisions and on decisions this Court handed down before they were in existence. The present case is distinguishable from Hoffman v. Jones, supr…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cornell Staten v. Louie L. Wainwright, 252 So. 2d 570 (Fla. 1971)