ROY KITCHEN, ALIAS RAYMOND KITCHEN, PETITIONER,
v.
LOUIE L. WAINWRIGHT, DIRECTOR, DIVISION OF CORRECTIONS, RESPONDENT
ROY KITCHEN, ALIAS RAYMOND KITCHEN, PETITIONER,
LOUIE L. WAINWRIGHT, DIRECTOR, DIVISION OF CORRECTIONS, RESPONDENT
157 So. 2d 810
Florida Supreme Court (1963)
Positive Treatment
Cited by 2 cases
Opinion of the Court
This matter recurs for consideration upon the judgment and mandate of the Supreme Court of the United States. Pursuant to the directions of that Court it is now found that the petition, if proved, alleged grounds for post-conviction relief. In order to expedite the disposition of the matter we decline to issue a writ of habeas corpus, but expressly without prejudice to the petitioner to proceed under Florida Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix. See Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799, and on remand, Gideon v. Wainwright, (Fla.) 153 So.2d 299, opinion filed May 15, 1963.
It is so ordered.
DREW, C. J., and TERRELL, THOMAS, O’CONNELL and CALDWELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lafayette E. Mitchell v. State, 175 So. 2d 52 (Fla. 1st DCA 1965)…e light of Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799, Mr. Justice Harlan dissenting. See Mitchell v. Wainwright, 375 U.S. 2, 84 S.Ct. 81, 11 L.Ed.2d 42. On November 22, 1963, the Florida Supreme Court in Mitchell v. Wainwright, 157 So. 2d 810, held that the petition for writ of habeas corpus “if proved, alleged grounds for post-conviction relief,” and in order to expedite disposition of the matter declined to issue the writ of habeas corpus, but expressly without prejudice to the petitio…
Authorities Cited
- Gideon v. Wainwright, 372 U.S. 335 (U.S. 1963)
- Gideon v. Louie L. Wainwright, 153 So. 2d 299 (Fla. 1963)