Calvin C. Campbell v. Supreme Court of Florida

This is an appeal from the dismissal by the district court of an action by a state prisoner seeking declaratory and injunctive relief against the Supreme Court of Florida. We affirm.1

Appellant alleged that his appeal to the Florida Supreme Court from a judgment imposing the death penalty was heard by only five justices. The Florida Appellate Rules, Rule 3.10(g) (1), 33 F.S.A., require that appeals in capital eases be heard by the Supreme Court en banc (seven justices). Appellant also alleges that two of those five justices retired before the decision was rendered but concurred in the decision…