BRUCE THOMAS STOVER, PETITIONER,
v.
ELLA MAE STUBBS, RESPONDENT

Fla. | 1955-04-27
MATHEWS, C. J., and THOMAS, HOBSON and DREW, JJ., concur.
79 So. 2d 774 Florida Supreme Court (1955) Positive Treatment
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

In response to the Petition for Certiorari in this cause, the respondent filed motion to affirm the order herein sought to be reviewed pursuant to the provisions of Rule 38 of this Court, 30 F.S.A., and upon consideration thereof, it is ordered that said motion be and the same is hereby granted and Petition for Certiorari be and is denied and the order entered in this cause in the Circuit Court for Duval County on February 10, 1955, be and is

Affirmed.

MATHEWS, C. J., and THOMAS, HOBSON and DREW, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Falagon v. State, 167 So. 2d 62 (Fla. 2d DCA 1964)
    …tion of Criminal Procedure Rule No. 1 the relief here sought was available through habeas corpus proceedings. Normally habeas corpus will not be entertained where a prisoner held under two sentences attacks only one. Hollingshead v. Mayo, Fla. 1955, 79 So. 2d 774. However it has been successfully utilized where only one of multiple sentences has been attacked on the ground of lack of due process. See Dora v. Cochran, Fla. 1962, 138 So. 2d 508 where the petitioner alleged that his conviction for armed robbery…
  • Schack v. State of Fla. & L. L. Wainwright, 202 So. 2d 824 (Fla. 1st DCA 1967)
    …pellant entitled to be released from the State Prison under bail for the sentence which he is presently serving. The purpose of a habeas corpus proceeding is to question the legality of a petitioner’s present deten [*825] tion. Hollingshead v. Mayo, 79 So. 2d 774 (Fla.1955); Sneed v. Mayo, 69 So. 2d 653 (Fla.1954). It appears from the record that appellant is presently being legally imprisoned and was not entitled to the relief requested by his petition. Therefore, the trial court did not err in denying the…
  • Alderman v. State, 188 So. 2d 803 (Fla. 1966)
    …issued shows that petitioner is legally in custody under another sentence running concurrently which he has not attacked and consequently he would not be released, even though he prevailed, because of that sentence. Hollingshead v. Mayo (Fla.1955), 79 So. 2d 774; Hitson v. Mayo (Fla.1955), 82 So. 2d 591; Gorman v. Cochran (Fla.1961), 127 So. 2d 667; Falagon v. State (Fla.App.1964), 167 So. 2d 62. It appears, however, from the concessions made by the return, that the petitioner was effectively thwarted in h…

Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Full citator, related cases, and AI research tools

Open in FLexlaw