Legal Opinion
Mary Layton and Stanley Gregory Walker, Etc. v. Dale Carson, as Sheriff of Duval County, Fla.
Court of Appeals for the Fifth Circuit
Decided June 18, 1973No. 73-1913PublishedCited by 31 opinions
1Per curiam
This is an appeal from a dismissal by the district court of a habeas corpus petition for failure to exhaust state remedies. We conclude that it would be futile for the appellants to apply for relief in the state courts. Accordingly, we reverse the judgment of the district court and remand the case for further proceedings.
The appellants, Mary Layton and Stanley Walker, were convicted of shoplifting in a Florida Justice of the Peace Court and each was ordered to pay a $200 fine or spend 60 days in jail. Since they were indigents and unable to pay the fines, they were automatically committed to…
2Cases cited13 opinions
- Spencer v. TexasSupreme Court of the United States · 1966
- Williams v. IllinoisSupreme Court of the United States · 1970
- Peyton v. RoweSupreme Court of the United States · 1968
- Tate v. ShortSupreme Court of the United States · 1971
- Phillip Morris v. Hiram Schoonfield, WardenSupreme Court of the United States · 1970
8 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Jesse Joseph Deters v. James A. Collins, Director, Texas Dept. Of Criminal Justice Institution DivisionCourt of Appeals for the Fifth Circuit · 1993
- Jody Parks Brown v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1976
- James Russell Johnson v. State of FloridaCourt of Appeals for the Eleventh Circuit · 2022
- Albert H. Carter v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1982
- John v. Carothers v. B. J. Rhay, Superintendent, Washington State PenitentiaryCourt of Appeals for the Ninth Circuit · 1979
26 more not listed; retrieve them via the Exa API.