Legal Opinion

Phillips v. Allen

Supreme Court of Florida

Decided December 8, 1971No. 41580PublishedCited by 2 opinions

1Per curiam

Petitioner, an indigent, plead no contest to, and was convicted of, six violations of municipal ordinances in the Municipal Court of Orlando, Florida. Each conviction resulted in alternative sentences requiring petitioner to either pay a fine or serve time in jail.1 Being indigent, petitioner went to the Municipal Prison Farm.

He then petitioned for a writ of ha-beas corpus on the contention that he was forced to choose jail solely on account of his indigency, in violation of Tate v. Short, 401 U.S. 395, 91 S.Ct. 668, 28 L.Ed. 2d 130 (1971) and Martin v. State, 248 So.2d 643 (Fla.1971). This…

2Cases cited4 opinions

  1. Williams v. IllinoisSupreme Court of the United States · 1970
  2. Tate v. ShortSupreme Court of the United States · 1971
  3. Phillip Morris v. Hiram Schoonfield, WardenSupreme Court of the United States · 1970
  4. Martin v. StateSupreme Court of Florida · 1971

3Cited by2 opinions

  1. Mary Layton and Stanley Gregory Walker, Etc. v. Dale Carson, as Sheriff of Duval County, Fla.Court of Appeals for the Fifth Circuit · 1973
  2. Marion Burton v. Charles Goodlett, in His Official Capacity, as Chief of Police of Belle GladeCourt of Appeals for the Fifth Circuit · 1973

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