Legal Opinion
Franey v. State of Florida
Court of Appeals for the Fifth Circuit
Decided March 31, 1954No. 14781PublishedCited by 6 opinions
1Opinion of the Court
RIVES, Circuit Judge.
On appellant’s petition for habeas corpus, the district judge declined to issue the writ or a show cause order, and while granting leave to appeal in forma pauperis, the court denied a certificate of probable cause, 28 U.S.C.A. § 2253. We treat the appeal as an application for such a certificate, without which the order of the district court is not reviewable in this Court. Harris v. Ellis, 5 Cir., 204 F.2d 685.
The appellant has apparently exhausted his remedies in the State Courts. Franey v. State, Fla., 64 So.2d 687, cer-tiorari denied 345 U.S. 960, 73 S.Ct. 946, 97…
2Cases cited3 opinions
- Palko v. ConnecticutSupreme Court of the United States · 1937
- Harris v. EllisCourt of Appeals for the Fifth Circuit · 1953
- Jones v. KindSupreme Court of Florida · 1952
3Cited by6 opinions
- Frank Delano Gay, Oliver Townsend and Willie Olen Scott v. Marcell Graham, Warden, Utah State PrisonCourt of Appeals for the Tenth Circuit · 1959
- Jimmy Hall v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1974
- Otis Loper v. O. B. Ellis, General Manager, Texas Prison SystemCourt of Appeals for the Fifth Circuit · 1955
- Oran Johnson v. Nathan Mayo, as Custodian of the Florida State PrisonCourt of Appeals for the Fifth Circuit · 1958
- People v. Lozano DíazSupreme Court of Puerto Rico · 1963
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