Johns v. Wainwright, 253 So. 2d 873 (Fla. 1971). · Go Syfert
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Johns v. Wainwright, 253 So. 2d 873 (Fla. 1971). Cases Citing This Book View Copy Cite
16 citation events (5 in the last 25 years) across 3 distinct courts.
Strongest positive: Barbara Myrick v. State of Florida (fladistctapp, 2026-01-21)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) Barbara Myrick v. State of Florida
Fla. Dist. Ct. App. · 2026 · confidence medium
“It was the intention of the framers of the constitutional amendment which created the District Courts that the decision of those courts would, in most cases, be final and absolute.” Johns v. Wainwright, 253 So. 2d 873, 874 (Fla. 1971).
cited Cited "see" Chadwick Willacy v. State of Florida & Chadwick Willacy v. State of Florida
Fla. · 2026 · signal: see · confidence high
See Johns v. Wainwright, 253 So. 2d 873, 874 (Fla. 1971) (habeas corpus is not a substitute for certiorari).
cited Cited "see" Morgan v. State
Fla. · 1976 · signal: see · confidence high
See Johns v. Wainwright, 253 So.2d 873 (Fla. 1971); Lake v. Lake, 103 So.2d 639 (Fla. 1958).
Retrieving the full opinion text from the archive…
James Darrell JOHNS, Petitioner,
v.
Louie L. WAINWRIGHT, Director, Division of Corrections of the State of Florida, Respondent.
41442.
Supreme Court of Florida.
Oct 27, 1971.
253 So. 2d 873
Adkins.
Cited by 13 opinions  |  Published

Henry R. Barksdale of Barksdale, Mayo, Murphy & Williams, P.A., Pensacola, for petitioner.

Robert L. Shevin, Atty. Gen. and Reeves Bowen, Asst. Atty. Gen., for respondent.

ADKINS, Justice.

This cause is before us on petition for writ of habeas corpus.

Petitioner was convicted of the offense of robbery and sentenced to imprisonment for life. On appeal, the judgment of conviction was affirmed. Petitioner sought a writ of certiorari from this Court directed to the District Court of Appeal, but the petition was denied because it was untimely filed.

Now, petitioner invokes habeas corpus proceeding alleging the same errors as those presented to the District Court of Appeal and decided adversely to him. This Court will not reconsider those issues. Jones v. Wainwright, 252 So.2d 570, opinion filed September 8, 1971.

[*874] This is in essence a petition for conflict certiorari (labeled habeas corpus) to circumvent the requirement of the rule that the petition be filed within thirty days from the decision of the District Court.

The District Courts of Appeal were never intended to be intermediate courts. It was the intention of the framers of the constitutional amendment which created the District Courts that the decision of those courts would, in most cases, be final and absolute.

The finality of the decision of the District Court of Appeal is recognized and the petition for writ of habeas corpus is denied.

It is so ordered.

ROBERTS, C.J., and BOYD, McCAIN and DEKLE, JJ., concur.