Llerandi v. Blackburn
| Decision Date | 02 October 1957 |
| Citation | 97 So.2d 247 |
| Parties | Louis LLERANDI, Appellant, v. Ed BLACKBURN, Jr., as Sheriff of Hillsborough County, Florida, Appellee. Louis LLERANDI, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida Supreme Court |
Robert H. Carlton and Howard L. Garrett, Tampa, for appellant.
Richard W. Ervin, Atty. Gen., George R. Georgieff and Moie J. L. Tendrich, Asst. Attys. Gen., for appellee.
Three related matters involving one Louis Llerandi are before us for disposition, and we will consider them as hereinafter indicated:
In Llerandi v. Blackburn, Llerandi appeals from an order of the circuit court in a proceeding for habeas corpus, remanding him to the custody of the sheriff. The petition for writ of habeas corpus filed by Llerandi had sought to contest the legality of petitioner's detention under an extradition warrant issued by the Governor of Florida pursuant to a request by the Governor of Texas. At the time the petition for the writ was presented, however, Llerandi was held not only under the warrant which he attacked but also on conviction of a felony in the Criminal Court of Record for Hillsborough County, Florida, and on a 'hold order' issued by the federal authorities charging petitioner with unlawful flight to avoid prosecution.
The circuit judge was of the opinion that since Llerandi's petition attacked only one of three grounds upon which he was detained, Llerandi was not in any event entitled to the relief which he sought, and his petition must be denied. In his brief upon appeal Llerandi concedes that he was 'in custody on another valid charge' when he sought to attack the extradition proceedings. He cites cases holding that habeas corpus is a proper method in extradition proceedings to controvert the allegation that the accused was personally in the demanding state when the alleged offense was committed. In none of the cited cases, however, was the petitioner in custody on another valid charge.
In Reffkin v. Mayo, 115 Fla. 214, 155 So. 674, 678, we held that even though the particular custody in which the petitioner is held be illegal, the court may refuse to discharge him absolutely and order that he be held to be dealt with according to law. We also observed in that case that the power to discharge from custody by writ of habeas corpus 'should be exercised with extreme caution and only in a clear case', and that it 'must be exercised in aid of the administration of justice, not to defeat or needlessly embarrass it.' And in Hollingshead v. Mayo, Fla., 79 So.2d 774, where the petitioner was held in custody not only by virtue of one sentence, which he attacked as invalid, but also under another sentence, of which he did not complain, we did not consider the legality of the sentence under attack, but ordered the writ quashed and the petitioner remanded to custody. On the basis of these authorities, it appears that no error was committed by the circuit judge.
In the next matter, Llerandi v. State, the State seeks to review so much of the order of the Circuit court as grants bail to Llerandi during the pendency of Llerandi's appeal. Here the State is concerned only with Llerandi's detention under the executive...
To continue reading
Request your trial
-
Daniels v. State
...State v. Grayton, 163 Conn. 104, 302 A.2d 246 (1972), cert. den. 409 U.S. 1045, 93 S.Ct. 542, 34 L.Ed.2d 495 (1972); and Llerandi v. Blackburn, 97 So.2d 247 (Fla.1957))" (356 So.2d at page Turning now to appellants' second point, 8 they contend that the trial judge erred in finding that oth......
-
State ex rel. Walker v. Giardina
...cases holding that a stay of execution is directed at the Sheriff or other person having the custody of the defendant. Llerandi v. Blackburn, 97 So.2d 247 (Fla.1957); Hames v. Sturdivant, 181 Ga. 472, 182 S.E. 601 (1935); State ex rel. Nemec v. Sheriff of Hennepin County, 148 Minn. 484, 181......
-
State v. Second Judicial Dist. Court, Washoe County, 6205
...See also Ex parte Campbell, 147 Neb. 382, 23 N.W.2d 698 (1946); Tomarchin v. Kelly, 118 So.2d 788 (Fla.App.1960); Llerandi v. Blackburn, 97 So.2d 247 (Fla.1957); Ex parte Massee, 95 S.Ct. 315, 79 S.E. 97 (1913); Annot., 56 A.L.R.2d 668 We therefore vacate the order of the district judge adm......
-
Clark v. State
...peculiar to an illegal operation are in two Florida cases, Slater v. State, 356 So.2d 69 (Fla.Dist.Ct.App.1978), and Llerandi v. Blackburn, 97 So.2d 247 (Fla.1957). In Slater the defendant was convicted of a conspiracy to sell or deliver cocaine, and complained of the police officer giving ......