Oran Johnson v. Nathan Mayo, as Custodian of the Florida State Prison

Fifth Circuit

Oran Johnson v. Nathan Mayo, as Custodian of the Florida State Prison

256 F.2d 761, 1958 U.S. App. LEXIS 4407

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 30, 1958

Docket16834

StatusPublished

Cited by4 cases

This text of 256 F.2d 761 (Oran Johnson v. Nathan Mayo, as Custodian of the Florida State Prison) 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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Oran Johnson v. Nathan Mayo, as Custodian of the Florida State Prison, 256 F.2d 761, 1958 U.S. App. LEXIS 4407 (5th Cir. 1958).

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Opinion

CAMERON, Circuit Judge.

Appellant, Oran Johnson, petitioner below, a prisoner in custody under a State Court sentence, sought in the court below habeas corpus relief therefrom. The District Judge held two hearings on the petition and denied it, granting appellant, however, leave to proceed in forma pauperis, but denying a certificate of probable cause as required by 28 U.S. C.A. § 2253. No application having been made to a member of this Court for a certificate of probable cause, this Court is without jurisdiction to entertain the appeal.

In an effort to be certain that appellant, who is serving a life sentence, should be given every possible chance to present his contentions, this Court requested a member of the Florida Bar of outstanding ability to present this appeal to us, and this was done by extended oral argument. In addition, the Attorney General of Florida has filed a brief painstakingly setting forth each of the questions raised by appellant, and answering each of said questions in a fair and unbiased manner.

*762 We have considered the record and the arguments of counsel as if they were placed before us upon an application for a certificate of probable cause. Cf. Franey v. State of Florida, 5 Cir., 1944, 211 F.2d 447; Henson v. Ellis, 5 Cir., 1954, 217 F.2d 134; Maulding v. Ellis, 5 Cir., 1954, 217 F.2d 134; and Atkins v. Ellis, 5 Cir., 1955, 227 F.2d 161. Our consideration leads us to the conclusion that there is no merit in any of appellant’s contentions.

From the attitude of the representatives of the State of Florida in the presentation of the case to us, we are confident that the way has been, and will remain, open for appellant to avail himself of the provisions of the Florida law dealing with executive clemency. F.S.A. § 940.01 et seq.

None of the Judges of this Court being willing to issue a certificate of probable cause, the appeal is

Dismissed.

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CAMERON, Circuit Judge.

Appellant, Oran Johnson, petitioner below, a prisoner in custody under a State Court sentence, sought in the court below habeas corpus relief therefrom. The District Judge held two hearings on the petition and denied it, granting appellant, however, leave to proceed in forma pauperis, but denying a certificate of probable cause as required by 28 U.S. C.A. § 2253. No application having been made to a member of this Court for a certificate of probable cause, this Court is without jurisdiction to entertain the appeal.

In an effort to be certain that appellant, who is serving a life sentence, should be given every possible chance to present his contentions, this Court requested a member of the Florida Bar of outstanding ability to present this appeal to us, and this was done by extended oral argument. In addition, the Attorney General of Florida has filed a brief painstakingly setting forth each of the questions raised by appellant, and answering each of said questions in a fair and unbiased manner.

*762 We have considered the record and the arguments of counsel as if they were placed before us upon an application for a certificate of probable cause. Cf. Franey v. State of Florida, 5 Cir., 1944, 211 F.2d 447; Henson v. Ellis, 5 Cir., 1954, 217 F.2d 134; Maulding v. Ellis, 5 Cir., 1954, 217 F.2d 134; and Atkins v. Ellis, 5 Cir., 1955, 227 F.2d 161. Our consideration leads us to the conclusion that there is no merit in any of appellant’s contentions.

From the attitude of the representatives of the State of Florida in the presentation of the case to us, we are confident that the way has been, and will remain, open for appellant to avail himself of the provisions of the Florida law dealing with executive clemency. F.S.A. § 940.01 et seq.

None of the Judges of this Court being willing to issue a certificate of probable cause, the appeal is

Dismissed.

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256 F.2d 761, 1958 U.S. App. LEXIS 4407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oran-johnson-v-nathan-mayo-as-custodian-of-the-florida-state-prison-ca5-1958.

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