Bacom v. Sullivan
| Decision Date | 05 February 1952 |
| Docket Number | No. 13397.,13397. |
| Citation | 194 F.2d 166 |
| Parties | BACOM v. SULLIVAN, Sheriff. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Robert H. Givens, Jr., Miami, Fla., for appellant.
Reeves Bowen, Asst. Atty. Gen., State of Fla., Richard W. Ervin, Atty. Gen., State of Fla., Robt. R. Taylor, County Sol., Miami, Fla., for appellee.
Before HUTCHESON, Chief Judge, and HOLMES and STRUM, Circuit Judges.
This proceeding in habeas corpus was brought to test the validity of a State court conviction in which petitioner contends that he was twice put in jeopardy for the same offense, and thus denied due process, contrary to the Fourteenth Amendment to the Constitution of the United States.
On August 1, 1946, in Dade County, Florida, an automobile driven by petitioner collided with a motorcycle, causing the death of the rider of the motorcycle.
On August 5, 1946, petitioner was informed against in the Criminal Court of Record for Dade County, Florida, for (1) operating a motor vehicle while under the influence of intoxicating liquor, and (2) operating said vehicle in wanton disregard of the safety of persons and property. The cause was transferred to the Court of Crimes for Dade County, where petitioner was convicted, paid a fine, and served a three month jail sentence for those offenses.
Thereafter, another information was filed in said Criminal Court of Record, based upon the same incident, charging (1) manslaughter while operating an automobile "recklessly and with culpable negligence," and (2) manslaughter in the operation of an automobile "while intoxicated." The Criminal Court of Record for Dade County quashed the last mentioned information on the ground that it constituted double jeopardy, but the Supreme Court of Florida reversed. State v. Bacom, 159 Fla. 54, 30 So.2d 744, 172 A.L.R. 1050.
Thereafter, petitioner was convicted on the second count of the manslaughter information, the first count having been abandoned, and was sentenced to confinement at hard labor for 56 months. He took a direct appeal from that judgment to the Supreme Court of Florida, where the conviction was affirmed, the latter court again holding that petitioner was not subjected to double jeopardy. Bacom v. State, Fla., 39 So.2d 794. See also King v. State, 145 Fla. 286, 199 So. 38. The United States Supreme Court denied certiorari. Bacom v. State of Florida, 338 U.S. 835, 70 S.Ct. 41, 94 L.Ed. 510.
Petitioner then entered the federal courts with a petition for writ of habeas corpus, again asserting double jeopardy. He was dismissed in the district court, and the judgment affirmed here, because he had not pursued his state court remedies by habeas corpus. Bacom v. Sullivan, 5 Cir., 181 F.2d 177. Following that decision, petitioner instituted a state court proceeding in habeas corpus, in which he failed in the lower court and his appeal was dismissed without opinion by the Supreme Court of Florida, no doubt because that court had already twice decided the question presented. Bacon (sic) v. Sullivan, Fla., 51 So.2d 189.
No application for certiorari was made to the Supreme Court of the United States to review the last mentioned judgment of the Supreme Court of Florida dismissing the appeal in the habeas corpus proceeding. Instead, petitioner returned to the federal district court with a new petition for writ of habeas corpus, which writ was issued below, but later quashed, because he had not applied to the United States Supreme Court for certiorari to review the judgment of the Florida Supreme Court dismissing his state court writ of habeas corpus, and hence had not exhausted his state court remedies. That decision is now before us for review.
In Darr v. Burford, 339 U.S. 200, 70 S.Ct. 587, 94 L.Ed. 761, it is held that "ordinarily," an application for habeas corpus by one detained under a state court judgment of conviction for crime will be entertained by a federal district court only after all state remedies available in the state courts, including all appellate remedies therein, have been exhausted, and review has been denied by the United States Supreme Court. The district judge applied this rule in quashing the writ below.
The rule just referred to, however, is not an inflexible one. In the Darr case, at 339 U.S. 210, 70 S.Ct. 593, 94 L.Ed. 770, it is further said: ...
To continue reading
Request your trial
-
Brown v. Allen Speller v. Allen Daniels v. Allen
...remedies with this Court's denial of certiorari therefrom is all that is necessary. In Bacom v. Sullivan, 181 F.2d 177, and Bacom v. Sullivan, 194 F.2d 166, the Fifth Circuit ruled that when a federal question had been presented to the state courts by at least one post-conviction procedure,......
-
Grandsinger v. Bovey
...with this Court's denial of certiorari therefrom is all that is necessary. In Bacom v. Sullivan, 5 Cir., 181 F.2d 177, and Bacom v. Sullivan, 5 Cir., 194 F.2d 166, the Fifth Circuit ruled that when a federal question had been presented to the state courts by at least one post-conviction pro......
-
Massey v. Moore
...200, 70 S.Ct. 587, 94 L.Ed. 761; Brown v. Allen, 344 U.S. 443, 73 S.Ct. 397, 437; Bacom v. Sullivan, 5 Cir., 181 F.2d 177; same case, 5 Cir., 194 F.2d 166. Repetitious applications to state courts are not required. Brown v. Allen, supra; Bacom v. Sullivan, As to prerequisite (1), supra, it ......
-
Medberry v. Patterson, Civ. A. No. 6303.
...denied 350 U.S. 935, 76 S. Ct. 307, 100 L.Ed. 816; United States ex rel. Master v. Baldi, 3 Cir., 1952, 198 F. 2d 113; Bacom v. Sullivan, 5 Cir., 1952, 194 F.2d 166, certiorari denied 345 U.S. 910, 73 S.Ct. 651, 97 L.Ed. 1345. Therefore, to hold that petitioner failed to exhaust his state r......