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Durley v. Mayo, 351 U.S. 277 (1956)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Durley v. Mayo, 351 U.S. 277 (1956)
Durley v. Mayo No. 489 Argued April 2, 1956 Decided June 4, 1956 351 U.S. 277
CERTIORARI TO THE SUPREME COURT OF FLORIDA
Syllabus
Upon reviewing the decision of the Supreme Court of Florida denying, without opinion, petitioner’s petition for a writ of habeas corpus, in which he claimed, inter alia, that his state conviction and imprisonment for stealing cattle violated the Federal Constitution, it appeared that the judgment of that Court might have rested on one or both of two adequate state grounds.
Held: the case is dismissed for lack of jurisdiction. Pp. 278-285.
(a) Where the highest court of a State delivers no opinion and it appears that its judgment might have rested on a nonfederal ground, this Court will not take jurisdiction to review the judgment. Stembridge v. Georgia, 343 U.S. 541. Pp. 281-282.
(b) The Supreme Court of Florida might have rested its denial of the petition here involved on either or both of the following grounds: (1) that the several federal issues presented by it had been raised previously within the meaning of Fla.Stat.Ann., 1943, § 79.10, and therefore could not be raised again under state practice; (2) that they could have been raised in the prior proceedings and, accordingly, were not available as a matter of state law under Florida decisions. Pp. 282-284.
(c) There is nothing in the order of the Supreme Court of Florida to show that that Court must have decided the case on federal grounds, rather than on the readily available and substantial state grounds. Pp. 284-285.
Case dismissed.
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Chicago: U.S. Supreme Court, "Syllabus," Durley v. Mayo, 351 U.S. 277 (1956) in 351 U.S. 277 351 U.S. 278. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=785VSC2N96G5RYE.
MLA: U.S. Supreme Court. "Syllabus." Durley v. Mayo, 351 U.S. 277 (1956), in 351 U.S. 277, page 351 U.S. 278. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=785VSC2N96G5RYE.
Harvard: U.S. Supreme Court, 'Syllabus' in Durley v. Mayo, 351 U.S. 277 (1956). cited in 1956, 351 U.S. 277, pp.351 U.S. 278. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=785VSC2N96G5RYE.
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