Bruce v. Carson

District Court of Appeal of Florida

Bruce v. Carson

489 So. 2d 1234, 11 Fla. L. Weekly 1329, 1986 Fla. App. LEXIS 8331

CourtDistrict Court of Appeal of Florida

DecidedJune 13, 1986

DocketNo. BJ-450

StatusPublished

This text of 489 So. 2d 1234 (Bruce v. Carson) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bruce v. Carson, 489 So. 2d 1234, 11 Fla. L. Weekly 1329, 1986 Fla. App. LEXIS 8331 (Fla. Ct. App. 1986).

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Opinion

.PER CURIAM.

Thomas Danny Bruce appeals an order denying his petition for writ of habeas corpus and directing his return to the State of Texas. We affirm.

Appellant argues that the affidavits of three persons introduced at the habeas corpus hearing were inadmissible hearsay. We note that in Josey v. Galloway, 482 So.2d 376, 385 (Fla. 1st DCA 1985),¹ this court' held an affidavit inadmissible in a habeas corpus proceeding when it was neither based on the personal knowledge of the affiant nor did it recite the evidentiary facts upon which the affiant’s conclusions were based. In the instant case, the affidavits were admissible since they were based on the personal knowledge of the affiants.

AFFIRMED.

BOOTH, C.J., and ERVIN and THOMPSON, JJ., concur.

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.PER CURIAM.

Thomas Danny Bruce appeals an order denying his petition for writ of habeas corpus and directing his return to the State of Texas. We affirm.

Appellant argues that the affidavits of three persons introduced at the habeas corpus hearing were inadmissible hearsay. We note that in Josey v. Galloway, 482 So.2d 376, 385 (Fla. 1st DCA 1985),¹ this court' held an affidavit inadmissible in a habeas corpus proceeding when it was neither based on the personal knowledge of the affiant nor did it recite the evidentiary facts upon which the affiant’s conclusions were based. In the instant case, the affidavits were admissible since they were based on the personal knowledge of the affiants.

AFFIRMED.

BOOTH, C.J., and ERVIN and THOMPSON, JJ., concur.

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489 So. 2d 1234, 11 Fla. L. Weekly 1329, 1986 Fla. App. LEXIS 8331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bruce-v-carson-fladistctapp-1986.

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