JOHN KOHLER, PETITIONER,
v.
JACK SANDSTROM, DIRECTOR, DEPARTMENT OF CORRECTIONS AND REHABILITATION OF DADE COUNTY, FLORIDA, RESPONDENT

Fla. | 1975-04-09
No. 46795
ROBERTS, Acting C. J., and BOYD, McCAIN, OVERTON and ENGLAND, JJ., concur.
311 So. 2d 669 Florida Supreme Court (1975) Positive Treatment
Cited by 4 cases

Opinion of the Court

Certiorari denied. 305 So. 2d 76.

ROBERTS, Acting C. J., and BOYD, McCAIN, OVERTON and ENGLAND, JJ., concur.


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  • State v. Davila, 481 So. 2d 486 (Fla. 3d DCA 1985)
    …contradicted evidence established that the photograph accompanying the extradition documents was that of the petitioner. Thus, the petitioner simply failed to meet his burden.7 See Kohler v. Sandstrom, 305 So. 2d 76 (Fla. 3d DCA 1974), cert. denied, 311 So. 2d 669 (Fla.), cert. denied, 423 U.S. 934, 96 S.Ct. 289, 46 L.Ed.2d 264 (1975). Finally, the testimony and evidence introduced by the petitioner to prove that he was in Florida at the time the crime was committed does no more than create a conflict in the…
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  • The Citizens OF the State of Fla. v. Mayo, 316 So. 2d 262 (Fla. 1975)
    …tition being filed herein, consolidated the interim and final rate increase proceedings. . Section 366.06(4), Florida Statutes (1974 Supplement). . This action is consistent with our prior actions in Citizens of the State of Florida v. Mayo, Fla., 311 So. 2d 669 (Gulf Power Company); Citizens of the State of Florida v. Mayo, 314 So. 2d 781 (Florida Power & Light Company); and Citizens of the State of Florida v. Mayo, 314 So. 2d 781 (Tampa Electric Company).…
  • Morgan v. Singletary, 669 So. 2d 1126 (Fla. 4th DCA 1996)
    …til well after the time for filing an appeal had passed. Kohler v. Sandstrom, 305 So. 2d 76, 77-78 (Fla. 3d DCA 1974) (burden of proof in a habeas corpus proceeding is on the petitioner, who must back up his allegations with evidence), cert. denied, 311 So. 2d 669 (Fla.), cert. denied, 423 U.S. 934, 96 S.Ct. 289, 46 L.Ed.2d 264 (1975). See also Nava v. State, 652 So. 2d 1264 (Fla. 4th DCA 1995) (there is no time limit for seeking to file a belated appeal unless the state claims to have been prejudiced by the…

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