Jones v. Mayo

• Decision Date: 13 December 1949
• Docket Number: Civ. No. 1664-J.
• Citation: 87 F. Supp. 700
• Parties: JONES v. MAYO et al.
• Court: U.S. District Court — Southern District of Florida

87 F. Supp. 700

JONES v. MAYO et al.

Civ. No. 1664-J.

United States District Court S. D. Florida, Jacksonville Division.

December 13, 1949.

Michael C. Jones, Raiford, Fla., pro se.

Reeves Bowen, Asst. Atty. Gen., Tallahassee, Fla., for Nathan Mayo and L. F. Chapman of Florida State Prison.

DE VANE, District Judge.

Since the entry of the Order denying petition for writ of habeas corpus herein on November 2, 1949, 86 F.Supp. 849, petitioner has filed a motion to amend the original petition in certain particulars and a petition for rehearing. The motion to amend the petition will be granted and this memorandum decision relates to the sufficiency of the petition for writ of habeas corpus as amended.

In the original memorandum decision filed herein the court erroneously stated that the Supreme Court of the United States, in State of Florida ex rel., Jones v. Mayo, 299 U.S. 614, 57 S.Ct. 319, 81 L. Ed. 453, denied certiorari to the Supreme Court of Florida in Jones v. Mayo, 139 Fla. 400, 190 So. 615. In the order denying certiorari in the above case the Supreme Court of the United States referred to Jones v. Mayo, 126 Fla. 523, 171 So. 312. The decision of the Supreme Court of Florida there referred to merely relates to the taxing of costs, but as this court understands, from the petition and the amendment thereto filed herein, certiorari was denied petitioner in his effort to have the Supreme Court of the United States review the action of the Supreme Court of Florida upon the merits of an original petition for writ of habeas corpus filed in that court by petitioner in which the constitutionality of the statute under which petitioner had been convicted was challenged.

It now appears that petitioner did not seek certiorari from the Supreme Court of the United States in connection with the decision of the Supreme Court of Florida affirming the decision of the Circuit Court of Union County, Florida, denying a petition for writ of habeas corpus upon the same grounds set forth in the petition for writ of habeas corpus filed in this court.

In the previous memorandum filed herein the court noted that the Supreme Court of Florida decided the last above mentioned case on July 21, 1939 and that petitioner did not come to this court until after the decision of this court in Chancey v. Mayo, decided by this court December 17, 1948, 87 F.Supp. 828. It thus appears it has been more than ten years since the Supreme Court of Florida denied relief to petitioner on the grounds now relied upon in the petition for writ of habeas corpus filed in this court. However, since the decision of the Supreme Court of Florida just referred to there has been no decisions of that court that would make it necessary for petit...