Opinion

Raymond R. Stone v. Louie L. Wainwright, Director, Etc., Eugene P. Huffman v. James F. Tompkins

  • 478 F.2d 390
  • 1973 U.S. App. LEXIS 10412
Court
Court of Appeals for the Fifth Circuit
Filed
Apr 19, 1973
Status
Published
Author
Roney
On the bench
Goldberg, Roney, Thornberry
Cited by
10 cases
Authority
More cited than 25.0%

Reversed on other grounds by Wainwright v. Stone, 414 U.S. 21 (1973)

revocado en 414 U.S. 21 (1973); Perkins v. North Carolina, 234 F.Supp. 333 (W.D. N.C. 1964); Commonwealth v. Balhazar, 318 N.E.2d 480 (Mass. 1974); State v. Carringer, 523 P.2d 532 (Idaho 1974); Locke v. State, 501 S.W.2d 828 (Tenn. 1973

How later courts described this case

  • revocado en 414 U.S. 21 (1973); Perkins v. North Carolina, 234 F.Supp. 333 (W.D. N.C. 1964); Commonwealth v. Balhazar, 318 N.E.2d 480 (Mass. 1974); State v. Carringer, 523 P.2d 532 (Idaho 1974); Locke v. State, 501 S.W.2d 828 (Tenn. 1973

Written by the judges who cited it.

The opinion

RONEY, Circuit Judge,

(specially concurring) :

I concur in the disposition of this case on our Summary Calendar only because the Supreme Court of Florida has held that the statute under which the defendants were convicted is constitutionally void on Us face.

The statute, § 800.01, is void on its face as unconstitutional for vagueness and uncertainty in its language, violating constitutional due process to the defendants.

Franklin v. State, 257 So.2d 21, 24 (Fla.1971).

*398 The State has not argued in its brief that the statute can withstand the due process requirements of the United States Constitution. Nor, as pointed out by Judge Goldberg, has the State cited any authority which could support a denial of habeas corpus relief by the District Court to defendants who have been convicted under a statute which has been determined to be too vague and uncertain on its face to charge any crime.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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