ARTHUR EUGENE WILLIAMS ALIAS EUGENE WILLIAMS
v.
NATHAN MAYO, FLORIDA STATE PRISON CUSTODIAN
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This case involves a habeas corpus petition where the petitioner's factual situation was identical to a prior case, Scott v. Mayo. The court applied the precedent from Scott v. Mayo to deny discharge and instead remanded the petitioner for proper sentencing.
The petitioner is not discharged from custody. The court remanded the petitioner to the custody of the respondent for sentencing in the Criminal Court of Record of Duval County.
“The record shows that the same factual conditions exist in this case as existed in the case of Scott v. Mayo, 159 Fla. 816, 32 So. (2nd) 821.”
Establishes the factual basis for applying precedent from a prior case.
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Join FLexlaw to unlock all legal intelligenceThe petitioner sought a writ of habeas corpus. The factual circumstances presented in this case were found to be the same as those in the prior case o…
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This cause is before us on writ of habeas corpus and return thereto.
The. record shows that the same factual conditions exist in this case as existed in the case of Scott v. Mayo, 159 Fla. 816, 32 So. (2nd) 821.
Therefore, on authority of the opinion and judgment in that case we do not discharge the petitioner but, under the provisions of Sec. 924.34, Fla. Statutes 1941 (same F.S.A.) remand him to the custody of respondent with directions that petitioner be presented to the Criminal Court of Record of Duval County, Florida, for judgment and sentence as is provided in Sec. 775.09, supra, which said offense is included within the offense charged in the information under which petitioner was convicted.
Remanded with directions.-
So ordered.
THOMAS, C. J., ADAMS and BARNS, JJ., concur.
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Pub. Health Tr. OF Dade Cnty. v. Lopez, 531 So. 2d 946 (Fla. 1988)…So. 2d 217, 219 (Fla.1984); Department of Legal Affairs v. Sanford-Orlando Kennel Club, Inc., 434 So. 2d 879, 882 (Fla.1983); Carson v. Miller, 370 So. 2d 10, 11 (Fla.1979); State ex rel. West v. Gray, 74 So. 2d 114, 116 (Fla.1954); Wilson v. Crews, 160 Fla. 169, 175, 34 So. 2d 114, 118 (1948); City of Jacksonville v. Continental Can Co., 113 Fla. 168, 171-73, 151 So. 488, 489-90 (1933); Van Pelt v. Hilliard, 75 Fla. 792, 798, 78 So. 693, 694 (1918). As we recently explained: Florida case law contains a pl…
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Butterworth v. Caggiano, 605 So. 2d 56 (Fla. 1992)…tion is in favor of the natural and popular meaning in which the words are usually understood by the people who have adopted them. City of Jacksonville v. Continental Can Co., 113 Fla. 168, 172, 151 So. 488, 489-90 (1933); see also Wilson v. Crews, 160 Fla. 169, 175, 34 So. 2d 114, 118 (1948); City of Jacksonville v. Glidden Co., 124 Fla. 690, 692-93, 169 So. 216, 217 (1936). Additionally, Florida courts have consistently held that the homestead exemption in article X, section 4 must be liberally construe…
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Jackson v. The Consol. Gov't OF the City OF Jacksonville, 225 So. 2d 497 (Fla. 1969)…e people could have intended, merely by a small alteration of the powers and the terms of county commissioners, to wipe ont the entire constitutional section authorizing a consolidated municipal government in Duval County. “Wilson v. Crews, (1948) [160 Fla. 169] 34 So. 2d 114, cited by plaintiffs, does not hold to the contrary. In that case the later amendment not only involved the same subject matter but also the same section of the Constitution. There the court found in the later provision ‘an intent to…
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
- Emory Lee Scott v. Mayo, 159 Fla. 816 (Fla. 1947)