Durley v. Mayo

Mr. Justice Douglas, with whom The Chief Justice, Mr. Justice Black and Mr. Justice Clark concur,

dissenting.

Petitioner is a prisoner in the Florida State Prison, serving a total sentence of 30 years for cattle stealing. In February 1955 he filed a petition for a writ of habeas corpus in the Supreme Court of Florida. That court denied the petition without affording petitioner a hearing and without requiring a response from respondent, the custodian of the prison. A timely motion for rehearing was also denied. We granted certiorari. 350 U. S. 872.

In these circumstances, the allegations of the…