GORDON V. SUMRALL, PETITIONER,
v.
H. G. COCHRAN, JR., DIRECTOR, DIVISION OF CORRECTIONS, RESPONDENT
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The Florida Supreme Court discharged a writ of habeas corpus, holding that the petitioner had waived his right to a hearing before multiple parole commission members by admitting to parole violations after being informed of his right to counsel and choosing not to have one.
Yes, the petitioner waived his right to a hearing before two or more members of the Commission by admitting to parole violations after being informed of his rights and choosing not to have counsel.
“There appearing, attached to the return of the respondent, a sworn statement of Honorable Francis R. Bridges, Jr., a member of the Florida Parole Commission, that he conducted a hearing on the revocation of the parole of the petitioner and that he informed the petitioner of his rights to employ counsel and was told by petitioner that he did not desire to be represented by an attorney,”
Establishes the factual basis for the court's decision regarding the petitioner's waiver of counsel.
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Join FLexlaw to unlock all legal intelligenceThe petitioner sought a writ of habeas corpus, alleging he did not receive a proper hearing for the revocation of his parole. A member of the Florida …
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There appearing, attached to the return of the respondent, a sworn statement of Honorable Francis R. Bridges, Jr., a member of the Florida Parole Commission, that he conducted a hearing on the revocation of the parole of the petitioner and that he informed the petitioner of his rights to employ counsel and was told by petitioner that he did not desire to be represented by an attorney,
And it further appearing from the affidavit that petitioner wished the affiant to proceed to conduct the hearing without participation of the other members of the Commission, and that the petitioner thereupon admitted his violation of the conditions of his parole,
It is the opinion of the court that petitioner was shown to have waived his right to a hearing before two or more members of the Commission and, therefore, it is ordered that the writ of habeas corpus, which was issued on the representation that the petitioner had not had a hearing such as was contemplated by Section 947.23, Florida Statutes 19S9, F.S.A., be discharged.
THOMAS C. J., and HOBSON, ROBERTS, DREW, THORNAL and O’CONNELL, JJ., concur.
TERRELL, J., dissents.
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Gibbs v. Cochran, 142 So. 2d 276 (Fla. 1962)…ut we have since remanded prisoners to custody when it appeared that they had waived the right to a hearing before more than one commissioner on the question of revocation of parole. Porter v. Cochran, Fla., 123 So. 2d 465, Sumrall v. Cochran, Fla., 127 So. 2d 447. In the instant case the petitioner alleged that he was heard before only one commissioner, however, the record submitted by the Attorney General shows that the petitioner signed an agreement that the hearing on the charge of parole violation procee…