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Durley Vs. Mayo

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  • US Supreme Court
  • Jun 04, 1956

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57 entries 8 linked 49 unlinked
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  1. Stembridge Vs. Georgia US Supreme Court · May 26, 1952
  2. Allen Vs. Arguimbau US Supreme Court · May 01, 1905
  3. Johnson Vs. Risk US Supreme Court · Dec 08, 1890
  4. Williams Vs. Kaiser US Supreme Court · Jan 08, 1945
    Relied / Followed
  5. Tomkins Vs. Missouri US Supreme Court · Jan 08, 1945
  6. Rice Vs. Olson US Supreme Court · Apr 23, 1945
  7. Pyle Vs. Kansas US Supreme Court · Dec 07, 1942
  8. Mooney Vs. Holohan US Supreme Court · Jan 21, 1935
  9. U.S. 277 (1956) U.S. Supreme Court Durley v. Mayo
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  10. U.S. 277 (1956) Durley v. Mayo
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  11. might have rested on a nonfederal ground, this Court will not take jurisdiction to review the judgment. Stembridge v. Georgia
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  12. Federal and State Constitutions, but were contrary to a recent decision of the Supreme Court of Florida, citing Hearn v. State
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  13. S. 281 Florida's other state ground is based upon its Supreme Court decisions, and particularly upon Washington v. Mayo
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  14. jurisdiction and that its decision of the federal question was necessary to its determination of the cause. Honeyman v. Hanan
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  15. Lynch v. New
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  16. and the state ground is sufficient to sustain the judgment, the Court will not undertake to review it. Klinger v. Missouri
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  17. Wood Mowing & Reaping Machine Co. v. Skinner
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  18. law Page 351 U. S. 282 raising the Federal question, and this court will then take jurisdiction.' Klinger v. Missouri
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  19. Lawrence v. State
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  20. as applying the general rule of res judicata. See State ex rel. Cacciatore v. Drumbright
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  21. Williams v. Prescott
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  22. D'Alessandro v. Tippins
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  23. Davis v. Hardie
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  24. only where the issues have been raised and decided in a prior proceeding. See Moat v. Mayo
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  25. Lee v. Tucker
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  26. Pope v. Mayo
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  27. and Page 351 U. S. 283 compare Florida ex rel. Williams v. Prescott
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  28. Davis v. Hardie
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  29. to do so, he is precluded from raising issues which he could have raised in any such prior proceedings. Washington v. Mayo
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  30. Irvin v. Chapman
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  31. Johnson v. Mayo
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  32. Universal Construction Co. v. City
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  33. or by Washington v. Mayo
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  34. no allegation in this or the subsequent petition that the prosecution knowingly used perjured testimony, as in Mooney v. Holohan
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  35. Holiday v. Johnson
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  36. Chase v. Florida
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  37. In these circumstances, the allegations of the petition must be accepted as true for purposes of review. See Hawk v. Olson
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  38. and adequate opportunity to raise them in prior habeas corpus proceedings. The Court strangely relies on Washington v. Mayo
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  39. Id., 77 So.2d at 622. Johnson v. Mayo
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  40. So.2d 307, and Irvin v. Chapman
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  41. relitigate issues which had been expressly presented and decided in the previous habeas corpus proceedings. See Moat v. Mayo
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  42. Williams v. Prescott
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  43. Universal Const. Co. v. City
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  44. Faced with a similar state court order in Williams v. Kaiser
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  45. the use of Page 351 U. S. 291 testimony known by the prosecution to be perjured offends due process. Mooney v. Holohan
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  46. Johnson v. Mayo
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  47. U.S. Supreme Court Durley v. Mayo
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  48. Hearn v. State
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  49. Washington v. Mayo
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  50. Klinger v. Missouri
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