Grech v. EW PURDY, 29184 Summary Calendar.
| Decision Date | 28 May 1970 |
| Docket Number | No. 29184 Summary Calendar.,29184 Summary Calendar. |
| Citation | 426 F.2d 304 |
| Parties | Salvatore Charles GRECH, Petitioner-Appellant v. E. W. PURDY, as Sheriff of Metropolitan Dade County, Respondent-Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Leonard Moriber, Miami, Fla., for appellant.
Earl Faircloth, Atty. Gen., State of Florida, Richard E. Gerstein, State Atty., Miami, Fla., for appellee.
Before BELL, AINSWORTH, and GODBOLD, Circuit Judges.
Appellant was convicted in a Florida state court of robbery, breaking and entering with intent to commit a felony, and aggravated assault.1 He was sentenced to 15 years. He was then denied a supersedeas bond pending appeal by the sentencing court and by the appropriate Florida appellate court.
We agree with the district court that appellant was not denied bond because of a non-existent state statute or that the state court otherwise abused its discretion in denying the appeal bond. There is no absolute right to bond pending appeal. See U. S. ex rel. Fink v. Heyd, 5 Cir., 1969, 408 F.2d 7; Sellers v. Georgia, 5 Cir., 1967, 374 F.2d 84. No federal constitutional question having been presented, the petition for writ of habeas corpus was thus due to be denied.
Affirmed.
1 We dispose of this case on the briefs and record, without oral argument, as provided by our Local Rule 18.
To continue reading
Request your trial
-
Wilcox v. Carter, Civ. A. No. 82-66-VAL.
...by death. See, Sellers v. State of Georgia, supra; United States ex rel. Fink v. Heyd, 408 F.2d 7 (5th Cir. 1969); Grech v. Purdy, 426 F.2d 304 (5th Cir. 1970); Ballard v. Texas, 438 F.2d 640, 641 (5th Cir. 1971) denying bail pending appeal to a state court and Dawkins v. Crevasse, 391 F.2d......
-
King v. East, WC 77-100-S.
...was such an abuse of discretion, or so arbitrary, as to violate the due process clause. See Sellers v. Georgia, supra; Grech v. Purdy, 426 F.2d 304 (5th Cir. 1970). Where discretionary bail pending appeal is sought on the basis of the condition of an appellant's health,1 the Mississippi Sup......
-
Hooks v. 4th District Court of Appeal, Fla., 71-1329 Summary Calendar.
...bail required to ensure a defendant's presence while his appeal is pending. Ballard v. Texas, 5 Cir., 1971, 438 F.2d 640; Grech v. Purdy, 5 Cir., 1970, 426 F.2d 304; Fink v. Heyd, 5 Cir., 1969, 408 F.2d 7, cert. denied 396 U.S. 895, 90 S.Ct. 192, 24 L.Ed.2d Therefore, the appeal is Dismisse......
-
Ballard v. State of Texas, 30239 Summary Calendar.
...denied relief without holding an evidentiary hearing, and we affirm. There is no absolute right to bail pending appeal. Grech v. Purdy, 5 Cir. 1970, 426 F.2d 304; United States ex rel. Fink v. Heyd, 5 Cir. 1969, 408 F. 2d 7, cert. denied, 396 U.S. 895, 90 S.Ct. 192, 24 L.Ed.2d 172; Sellers ......