Harold Raymond Hooks v. 4th District Court of Appeal, Fla., and State of Florida, and Walter Colbaith, Etc.

Fifth Circuit

Harold Raymond Hooks v. 4th District Court of Appeal, Fla., and State of Florida, and Walter Colbaith, Etc.

442 F.2d 1042, 1971 U.S. App. LEXIS 10197

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 13, 1971

Docket71-1329

StatusPublished

Cited by1 cases

This text of 442 F.2d 1042 (Harold Raymond Hooks v. 4th District Court of Appeal, Fla., and State of Florida, and Walter Colbaith, Etc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Harold Raymond Hooks v. 4th District Court of Appeal, Fla., and State of Florida, and Walter Colbaith, Etc., 442 F.2d 1042, 1971 U.S. App. LEXIS 10197 (5th Cir. 1971).

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Opinion

PER CURIAM:

This appeal is taken from an order denying the petition of a Florida prisoner for the writ of habeas corpus. We dismiss the appeal.

An appeal from an order of the district court denying the writ of habeas corpus may not be taken unless that district court issues a certificate of probable cause to appeal, or this Court grants such certificate, 28 U.S.C. § 2253. Appellant has failed to apply for such certificate. Therefore, this Court is without jurisdiction to entertain the appeal, McFrederick v. Florida, 5 Cir., 1958, 261 F.2d 52; Willis v. Ellis, 5 Cir., 1954, 217 F.2d 135.

An examination of the record reveals no basis for the issuance of such certificate by this Court. In his habeas petition appellant prayed for reduction of bond pending his direct appeal in state court. It is well settled that there is no absolute right to bail pending appeal, and this Court will not interfere *1043 with the state court’s determination of the amount of bail required to ensure a defendant’s presence while his appeal is pending. Ballard v. Texas, 5 Cir., 1971, 438 F.2d 640; Grech v. Purdy, 5 Cir., 1970, 426 F.2d 304; Fink v. Heyd, 5 Cir., 1969, 408 F.2d 7, cert. denied 396 U.S. 895, 90 S.Ct. 192, 24 L.Ed.2d 172.

Therefore, the appeal is

Dismissed.

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PER CURIAM:

This appeal is taken from an order denying the petition of a Florida prisoner for the writ of habeas corpus. We dismiss the appeal.

An appeal from an order of the district court denying the writ of habeas corpus may not be taken unless that district court issues a certificate of probable cause to appeal, or this Court grants such certificate, 28 U.S.C. § 2253. Appellant has failed to apply for such certificate. Therefore, this Court is without jurisdiction to entertain the appeal, McFrederick v. Florida, 5 Cir., 1958, 261 F.2d 52; Willis v. Ellis, 5 Cir., 1954, 217 F.2d 135.

An examination of the record reveals no basis for the issuance of such certificate by this Court. In his habeas petition appellant prayed for reduction of bond pending his direct appeal in state court. It is well settled that there is no absolute right to bail pending appeal, and this Court will not interfere *1043 with the state court’s determination of the amount of bail required to ensure a defendant’s presence while his appeal is pending. Ballard v. Texas, 5 Cir., 1971, 438 F.2d 640; Grech v. Purdy, 5 Cir., 1970, 426 F.2d 304; Fink v. Heyd, 5 Cir., 1969, 408 F.2d 7, cert. denied 396 U.S. 895, 90 S.Ct. 192, 24 L.Ed.2d 172.

Therefore, the appeal is

Dismissed.

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442 F.2d 1042, 1971 U.S. App. LEXIS 10197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harold-raymond-hooks-v-4th-district-court-of-appeal-fla-and-state-of-ca5-1971.

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