ALTON LOY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
ALTON LOY, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
87 So. 2d 501
Florida Supreme Court (1956)
Caution
Cited by 8 cases
Opinion of the Court
PER CURIAM.
Reversed under the authority of Aldridge v. State, Fla.1953, 63 So. 2d 194; Allen v. State, 1934, 117 Fla. 163, 157 So. 341 and Neumann v. State, 116 Fla. 98, 156 So. 237.
DREW, C. J., and THOMAS, ROBERTS and O’CONNELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Williams v. State, 110 So. 2d 654 (Fla. 1959)…imination among those similarly conditioned and therefore a denial of equal protection of the law. We can add nothing to that which we have previously stated in Thomas v. State, Fla.1957, 92 So. 2d 621, and State ex rel. Copeland v. Mayo, Fla. 1956, 87 So. 2d 501. The contention as to the alleged unconstitutionality of the cited statutes is once again found to be without merit. We are finally confronted with a problem which has required more comprehensive analysis and research. It will be recalled that the…
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McCRAE v. Louie L. Wainwright, 439 So. 2d 868 (Fla. 1983)…); Sneed v. Mayo, 69 So. 2d 653 (Fla.1954). Habeas corpus should not be used as a vehicle for presenting issues which should have been raised at trial and on appeal. Hargrave v. Wainwright, 388 So. 2d 1021 (Fla.1980); State ex rel. Copeland v. Mayo, 87 So. 2d 501 (Fla.1956). Allegations of ineffective appellate counsel therefore should not be allowed to serve as a means of circumventing the rule that habeas corpus proceedings do not provide a second or substitute appeal. We need not and will not treat the me…
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Lenson A. Hargrave v. Louie L. Wainwright, 388 So. 2d 1021 (Fla. 1980)…been raised, but were not raised, on his direct appeal. It is well settled that habeas corpus may not be used as a vehicle to raise for the first time issues that the petitioner could have raised during the formal trial and on appeal. State v. Mayo, 87 So. 2d 501 (Fla.1956); Irvin v. Chapman, 75 So. 2d 591 (Fla.1954), cert. denied, 348 U.S. 915, 75 S.Ct. 297, 99 L.Ed. 718 (1955). Cf. Spenkelink v. State, 350 So. 2d 85 (Fla.), cert. denied, 434 U.S. 960, 98 S.Ct. 492, 54 L.Ed.2d 320 (1977) (issue first raised…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Neumann v. State, 116 Fla. 98 (Fla. 1934)
- Alton LOY v. State, 74 So. 2d 650 (Fla. 1954)
- Allen v. State, 117 Fla. 163 (Fla. 1934)
- Jonas v. Hudson, 63 So. 2d 194 (Fla. 1953)
- Aldridge v. State, 63 So. 2d 194 (Fla. 1953)
- Atl. Coast Line R. R. Co. v. Kinlaw, 117 Fla. 166 (Fla. 1934)