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157 So. 2d 810

Mitchell v. Wainwright

Supreme Court of Florida

Decided November 22, 1963

Supreme Court of Florida · decided 1963-11-22

Relies on Gideon v. Wainwright · Gideon v. Wainwright

Decided 1963-11-22

PER CURIAM.

¶1This matter recurs for consideration upon the judgment and mandate of the Supreme Court of the United States. Pursuant to the directions of that Court it is now found that the petition, if proved, alleged grounds for post-conviction relief. In order to expedite the disposition of the matter we decline to issue a writ of habeas corpus, but expressly without prejudice to the petitioner to proceed under Florida Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix. See Gideon *811v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799, and on remand, Gideon v. Wainwright, (Fla.) 153 So.2d 299, opinion filed May 15, 1963.

¶2It is so ordered.

DREW, C. J., and TERRELL, THOMAS, ROBERTS and HOBSON (retired), JJ.„ concur.
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