Public-domain · open source
OpenJurist

152 Fla. 529

12 So.2d 311

James v. State

Supreme Court of Florida

Decided March 12, 1943

Supreme Court of Florida · decided 1943-03-12

Relies on Mooney v. Holohan · Moore v. Dempsey · Fox v. Standard Oil Co.

Decided 1943-03-12

CHAPMAN, J.,

¶1 dissenting:

¶2 It is my view that, this Court should grant the right to present his petition for a writ of coram nobis to the lower court. The authority should be by an appropriate order *532 limited and restricted to “the alleged conspiracy between A. N. Bowen and John Roulhac to give false testimony and induce others to give false testimony against the petitioner and thereby obtaining his conviction on the false testimony.” See Mooney v. Holohan, 294 U.S. 102, 103, 79 L. Ed. 791; Moore v. Dempsey, 261 U. S. 86, 67 L. Ed. 543.

¶3 The case of Baker v. State 150 Fla. 446, 7 So. (2nd) 792, came before this Court on petition for a common law writ of coram nobis. I prepared the opinion for the Court. The case was reviewed by the United States Supreme Court and it was sustained by a divided court. Likewise, the Hysler opinion and judgment was sustained by a divided Court.

¶4 The employment and use of perjured testimony by a sovereign State against a citizen violates the due process provisions of the Fourteenth Amendment.

¶5 It appears that the allegations of discrimination against colored people for jury service comes too late and the point is not properly raised.

BROWN, J., concurs.
/152/fla/529 · .json · Public domain