Burke v. Wainwright

Supreme Court of Florida

Burke v. Wainwright

164 So. 2d 513, 1964 Fla. LEXIS 2708

CourtSupreme Court of Florida

DecidedMay 27, 1964

DocketNo. 33328

StatusPublished

This text of 164 So. 2d 513 (Burke v. Wainwright) 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.

Bluebook

Burke v. Wainwright, 164 So. 2d 513, 1964 Fla. LEXIS 2708 (Fla. 1964).

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Opinion

PER CURIAM.

We heretofore issued a writ of habeas corpus and required a return. By his return the respondent advises this Court that on May 12, 1964, the petitioner was ordered released from custody by order of Honorable M. C. Blanchard, Judge of the Court of Record of Escambia County in a proceeding to vacate the judgment and sentence pursuant to which petitioner was previously held in custody. It, therefore, having been made to appear that the petitioner is not being unlawfully restrained by the respondent, the writ is discharged and the petition is dismissed.

It is so ordered.

DREW, C. J., and THOMAS, ROBERTS, THORNAL and O’CONNELL, JJ., concur.

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PER CURIAM.

We heretofore issued a writ of habeas corpus and required a return. By his return the respondent advises this Court that on May 12, 1964, the petitioner was ordered released from custody by order of Honorable M. C. Blanchard, Judge of the Court of Record of Escambia County in a proceeding to vacate the judgment and sentence pursuant to which petitioner was previously held in custody. It, therefore, having been made to appear that the petitioner is not being unlawfully restrained by the respondent, the writ is discharged and the petition is dismissed.

It is so ordered.

DREW, C. J., and THOMAS, ROBERTS, THORNAL and O’CONNELL, JJ., concur.

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Bluebook (online)

164 So. 2d 513, 1964 Fla. LEXIS 2708, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burke-v-wainwright-fla-1964.