Mercedes Duvallon v. The State of Florida
Court of Appeals for the Eleventh Circuit
Non-Argument Calendar.
1Per curiam
This appeal presents the question of whether a petitioner who has been convicted of a state offense, the penalty for which is a fine with no provision for incarceration, is “in custody” for the purpose of federal habeas corpus jurisdiction. The district court decided the question negatively and dismissed for lack of jurisdiction. We affirm.
Clad only in a sign which hung across the front portion of her body, appellant, Mercedes Duvallon, picketed in front of the City of Miami Police Department. As a result, she was arrested and convicted of violating the Florida breach of the peace and…
2Cases cited7 opinions
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Jones v. CunninghamSupreme Court of the United States · 1963
- Tate v. ShortSupreme Court of the United States · 1971
- Hensley v. Municipal Court, San Jose-Milpitas Judicial Dist., Santa Clara Cty.Supreme Court of the United States · 1973
- Kenneth Warren Hanson v. Circuit Court of the First Judicial Circuit of IllinoisCourt of Appeals for the First Circuit · 1979
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3Cited by39 opinions
- Freddie Sevier v. Kenneth TurnerCourt of Appeals for the Sixth Circuit · 1984
- Abusaid v. Hillsborough County Board of County CommissionersCourt of Appeals for the Eleventh Circuit · 2005
- Erlandson v. Northglenn Municipal CourtCourt of Appeals for the Tenth Circuit · 2008
- Robert L. Tinder v. Sister Rose Paula, SndCourt of Appeals for the First Circuit · 1984
- State ex rel. Smirnoff v. GreeneOhio Supreme Court · 1998
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