McFrederick v. State of Florida, 17237.
| Decision Date | 02 December 1958 |
| Docket Number | No. 17237.,17237. |
| Citation | 261 F.2d 52 |
| Parties | Clifford T. McFREDERICK, Appellant, v. STATE OF FLORIDA, Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Clifford T. McFrederick, in pro. per.
Reeves Bowen, Asst. Atty. Gen., Richard W. Ervin, Atty. Gen., for appellee.
Before HUTCHESON, Chief Judge, and CAMERON and BROWN, Circuit Judges.
Claiming that, upon the grounds and for the reasons stated by him, his conviction in a Florida State Court and his imprisonment and detention thereunder were and are in violation of his constitutional rights, and that he had exhausted his remedies in the State courts, petitioner below sought habeas corpus relief.
The district judge, in an order carefully setting out and discussing petitioner's contentions and rejecting them as presenting no grounds for relief, denied the petition and the issuance, under Sec. 2253, Title 28 U.S.C., of a certificate of probable cause.
Upon an examination of the record, neither the court nor any member thereof finding any basis in the record for the issuance of such certificate, for lack1 thereof, the appeal is dismissed for want of jurisdiction.
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Hooks v. 4th District Court of Appeal, Fla., 71-1329 Summary Calendar.
...has failed to apply for such certificate. Therefore, this Court is without jurisdiction to entertain the appeal, McFrederick v. Florida, 5 Cir., 1958, 261 F.2d 52; Willis v. Ellis, 5 Cir., 1954, 217 F.2d 135. An examination of the record reveals no basis for the issuance of such certificate......
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Hines v. Pitcher, 30763.
...May v. Georgia, 409 F.2d 203 (5th Cir. 1969), then the lack of a certificate of probable cause requires dismissal. McFrederick v. Florida, 261 F.2d 52 (5th Cir. 1958). Nevertheless, we have examined the entire record. The allegations of the petition are wholly insufficient to support a clai......
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Lee v. WASHINGTON PARISH, STATE OF LOUISIANA
...Hooks v. Fourth District Court of Appeal, 5th Cir. 1971, 442 F.2d 1042; Hines v. Pitcher, 5th Cir. 1971, 440 F.2d 792; McFrederick v. Florida, 5th Cir. 1958, 261 F.2d 52. It would be improper for this Court to make the initial determination of whether a certificate of probable cause should ......
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Kennedy v. Henderson, 73-2351. Summary Calendar.
...v. 4th District Court of Appeal, Florida, 5 Cir., 1971, 442 F.2d 1042; Hines v. Pitcher, 5 Cir., 1971, 440 F.2d 792; McFrederick v. Florida, 5 Cir., 1958, 261 F.2d 52. * Rule 18, 5 Cir. ; see Isbell Enterprises, Inc. v. Citizens Casualty Company of New York et al., 5 Cir. 1970, 431 F.2d 409......