Arnold v. Cochran

Supreme Court of Florida

Arnold v. Cochran

154 So. 2d 692, 1963 Fla. LEXIS 2777

CourtSupreme Court of Florida

DecidedJune 21, 1963

DocketNo. 31849

StatusPublished

This text of 154 So. 2d 692 (Arnold v. Cochran) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Arnold v. Cochran, 154 So. 2d 692, 1963 Fla. LEXIS 2777 (Fla. 1963).

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Opinion

PER CURIAM.

This matter recurs for consideration upon the judgment and mandate of the Supreme Court of the United States, Arnold v. Director, Florida Division of Corrections, 372 U.S. 769, 83 S.Ct. 1107, 10 L.Ed.2d 140. Pursuant to the directions of that court it is now found that the petition, if proved, alleges 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 [693]*693under Florida Criminal Procedure Rule No. 1, 31 F.S.A. 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.

ROBERTS, C. J., and TERRELL, THOMAS, DREW, THORNAL, O’CON-NELL and HOBSON (Retired), JJ., concur.

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PER CURIAM.

This matter recurs for consideration upon the judgment and mandate of the Supreme Court of the United States, Arnold v. Director, Florida Division of Corrections, 372 U.S. 769, 83 S.Ct. 1107, 10 L.Ed.2d 140. Pursuant to the directions of that court it is now found that the petition, if proved, alleges 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 [693]*693under Florida Criminal Procedure Rule No. 1, 31 F.S.A. 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.

ROBERTS, C. J., and TERRELL, THOMAS, DREW, THORNAL, O’CON-NELL and HOBSON (Retired), JJ., concur.

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154 So. 2d 692, 1963 Fla. LEXIS 2777, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arnold-v-cochran-fla-1963.

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