Wooley v. Consolidated City of Jacksonville, 29583 Summary Calendar.
| Decision Date | 27 October 1970 |
| Docket Number | No. 29583 Summary Calendar.,29583 Summary Calendar. |
| Citation | 433 F.2d 980 |
| Parties | Jewel Bertram WOOLEY, Jr., Petitioner-Appellee, v. CONSOLIDATED CITY OF JACKSONVILLE and Duval County, State of Florida, Respondents-Appellants. |
| Court | U.S. Court of Appeals — Fifth Circuit |
David U. Tumin, Asst. Counsel, James C. Rinaman, Jr., Gen. Counsel, William L. Durden, Special Counsel, Jacksonville, Fla., for respondents-appellants.
Robert W. Elrod, Jacksonville Beach, Fla., amicus curiae, Fla. Municipal Judges Assn.
Jewel Bertram Wooley, Jr. pro se; Samuel S. Jacobson, (Court-appointed) Datz & Jacobson, Jacksonville, Fla., for petitioner-appellee.
Before WISDOM, COLEMAN, and SIMPSON, Circuit Judges.
In this case the District Court held that a defendant in a municipal court, in the absence of waiver, has a right to counsel if the potential penalty in all pending charges could amount to as much as imprisonment for 90 days or a fine of $500.
The decision of the District Court is reported, 308 F.Supp. 1194 (M. D., Fla., 1970). We agree with the District Court that a prisoner in the custody of municipal authorities may, in proper cases, have the benefit of the writ of habeas corpus. We consider it of no moment that the pro se petitioner did not correctly style his case.
We further agree that this petitioner-appellee was entitled to the benefit of the decision rendered in Harvey v. Mississippi, 5 Cir., 1965, 340 F.2d 263.
* Rule 18, 5th Cir.; See Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5th Cir. 1970, 431 F.2d 409, Part I.
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...There is therefore no reason not to consider his petition as though he had named the proper respondent. See Wooley v. Consolidated City of Jacksonville, 5 Cir. 1970, 433 F. 2d 980. Strict interpretation of the procedural requirements of § 2242 is sometimes justified as necessary to protect ......
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Roberts v. Janco, Civ. A. No. C-71-97-E.
...that her sentence exceeded the statutory maximum. 6 Presently pending on the Court's appellate docket is Wooley v. Consolidated City of Jacksonville, 433 F.2d 980 (5th Cir. 1970), in which the Fifth Circuit, in a Per Curiam decision, affirmed the district court's holding A defendant in a mu......
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Green v. City of Tampa
...and if indigent, the right to court appointed counsel. Alvis v. Kimbrough, 446 F.2d 548 (5 Cir. 1971); Wooley v. Consolidated City of Jacksonville, 433 F.2d 980 (5 Cir. 1970); Mathews v. Florida, 422 F. 2d 1046 (5 Cir. 1970); Bohr v. Purdy, 412 F.2d 321 (5 Cir. 1969); James v. Headley, 410 ......
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...1076 (5th Cir. 1972); Lamar v. 118th Judicial District Court, 440 F.2d 383 (5th Cir. 1971). 2 Cf., e. g., Wooley v. Consolidated City of Jacksonville, 433 F.2d 980 (5th Cir. 1970), cert. denied, 407 U.S. 924, 92 S.Ct. 2451, 32 L.Ed.2d 811 (1972); May v. Georgia, 409 F.2d 203 (5th Cir. 3 See......