Hartsfield v. Cochran

Supreme Court of Florida

Hartsfield v. Cochran

154 So. 2d 693, 1963 Fla. LEXIS 2778

CourtSupreme Court of Florida

DecidedJune 21, 1963

DocketNo. 31603

StatusPublished

This text of 154 So. 2d 693 (Hartsfield 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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Hartsfield v. Cochran, 154 So. 2d 693, 1963 Fla. LEXIS 2778 (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, Hartsfield v. Wainwright, 372 U.S. 782, 83 S.Ct. 1106, 10 L.Ed.2d 139, which vacated 143 So.2d 651. 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 under 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.

It is so ordered.

ROBERTS, C. J., and DREW, THOR-NAL, O’CONNELL and CALDWELL, 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, Hartsfield v. Wainwright, 372 U.S. 782, 83 S.Ct. 1106, 10 L.Ed.2d 139, which vacated 143 So.2d 651. 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 under 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.

It is so ordered.

ROBERTS, C. J., and DREW, THOR-NAL, O’CONNELL and CALDWELL, JJ., concur.

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154 So. 2d 693, 1963 Fla. LEXIS 2778, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hartsfield-v-cochran-fla-1963.

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