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Jolly v. Wainwright

District Court of Appeal of Florida, Second District
May 21, 1965
175 So. 2d 245 (Fla. Dist. Ct. App. 1965)

Opinion

No. 6176.

May 21, 1965.

Robert Jolly, in pro. per.


This matter is before the court on a petition of Robert Jolly for writ of habeas corpus.

It appears that the defendant is in the custody of the Division of Corrections of Florida as a result of judgment and sentence by the Circuit Court of Pinellas County, Florida. The petitioner alleges that he was apprehended in Kentucky and forcibly brought to Florida for trial, was not extradited and did not waive extradition.

A prisoner who has been convicted of a crime and sentenced to imprisonment therefor, after having been given a fair trial in accordance with constitutional procedural safeguards, is not entitled to relief by way of habeas corpus merely because he was brought within the court's jurisdiction by reason of a "forcible abduction" or by an abuse of legal process. Frisbie v. Collins, 1952, 342 U.S. 519, 72 S.Ct. 509, 96 L.Ed. 541; Hobson v. Crouse, 10 Cir., 1964, 332 F.2d 561; Hunter v. State, Fla.App. 1965, 174 So.2d 415, Opinion filed April 27, 1965.

Accordingly, the petition for writ of habeas corpus is

Denied.

SMITH, C.J., and SHANNON and ANDREWS, JJ., concur.


Summaries of

Jolly v. Wainwright

District Court of Appeal of Florida, Second District
May 21, 1965
175 So. 2d 245 (Fla. Dist. Ct. App. 1965)
Case details for

Jolly v. Wainwright

Case Details

Full title:ROBERT JOLLY, PETITIONER, v. L.L. WAINWRIGHT, DIRECTOR OF DIVISION OF…

Court:District Court of Appeal of Florida, Second District

Date published: May 21, 1965

Citations

175 So. 2d 245 (Fla. Dist. Ct. App. 1965)

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