John Tyronne Martin v. State of Florida

Petitioner Martin was charged with robbery in 1969, convicted March 6, 1970, and sentenced to a term of six months to 20 years. The trial judge refused to grant him credit on his sentence for time served in jail while awaiting trial. After exhausting state remedies, Martin brought his claim for presentence detention credit to the federal courts in a habeas corpus action. The District Court denied relief and this appeal followed.

In Jackson v. Alabama, 530 F.2d 1231 (CA5, 1976), this court reviewed the law on this question and reaffirmed the general rule of Gremillion v. Henderson, 425 F.2d…