Bacom v. Sullivan, 13052.
| Citation | 181 F.2d 177 |
| Decision Date | 10 May 1950 |
| Docket Number | No. 13052.,13052. |
| Parties | BACOM v. SULLIVAN, Sheriff. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Robert H. Givens, Jr., Miami, Fla., for appellant.
Robert R. Taylor, Jr., County Solicitor, Dade County, Miami, Fla., Reeves Bowen, Assistant Attorney General, of Florida, Richard W. Ervin, Attorney General, of Florida, for appellee.
Before HUTCHESON, Chief Judge, and WALLER and RUSSELL, Circuit Judges.
By this appeal appellant assigns error upon the order of the District Judge discharging his application for the writ of habeas corpus and remanding him to the custody of the Sheriff of Dade County, Florida. His petition asserts that he has been by the decisions of the Florida Courts subjected to double jeopardy and punished twice for offenses which were legally one and the same, and that thereby he was deprived of his liberty without due process of law contrary to the Fourteenth Amendment. His contentions of double jeopardy, presented once by a motion to quash, and again by an appeal from conviction, have been twice overruled by the Florida Supreme Court, State v. Bacom, 30 So.2d 744, 172 A.L.R. 1050; Bacom v. State, 39 So.2d 794. Application to the Supreme Court of the United States for the writ of certiorari was made to obtain review of the last decision, but was denied. In the present petition for the writ of habeas corpus, Bacom asserts the appeal to the Supreme Court from his conviction and the denial of the Supreme Court of his application for the writ of certiorari as his exhaustion "of all remedies available to him in the Courts of the State of Florida and the only remedy available to obtain a review of the judgment of affirmance of the Supreme Court of Florida." The petition contains not even an intimation, and indeed the question is not discussed by either appellant or appellee, that he has proceeded in the State Court by an application for the writ of habeas corpus there, a remedy which is available to present the question now urged in the Federal Court. By the plain terms of Section 2254 of New Title 28 U.S.C.A., it is required that "An application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court shall not be granted unless it appears that the applicant has exhausted the remedies available in the courts of the State, or that there is either an absence of available State corrective process or the existence of...
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Brown v. Allen Speller v. Allen Daniels v. Allen
...of several available alternative state 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 ......
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Grandsinger v. Bovey
...several available alternative state remedies 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 sta......
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Massey v. Moore
...U.S.C.A. 2254; Darr v. Burford, 339 U.S. 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. Sul......
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