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Ralph Charles Whitley v. Hon. Thomas A. Miller

Ralph Charles WHITLEY, Petitioner-Appellant, v. Hon. Thomas A. MILLER, Et Al., Respondents-Appellees

Whitley v. Miller, 749 F.2d 634 (11th Cir. 1984)
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Court
Court of Appeals for the Eleventh Circuit · U.S. Courts of Appeals
Decided
December 26, 1984
Docket
No. 84-3234
Judges
Fay, Vance, MacMahon
Citations
749 F.2d 6341984 U.S. App. LEXIS 15689

Opinion — Per Curiam

PER CURIAM:

Ralph Charles Whitley, pro se appellant, appeals from an order of the United States *635 District Court for the Middle District of Florida (Kovachevich, J.), dated February 27, 1984, dismissing his petition for a writ of habeas corpus. The district court summarily dismissed the petition, noting that “[adjudication was withheld in his [state] case,” that appellant had “received ... a three year period of probation,” that he was “not in custody” and that he “cannot claim he will suffer collateral consequences.”

The findings of the district court are insufficient to enable us to reach the merits on this appeal, for there is nothing in the record to support the conclusion that appellant “cannot claim he will suffer collateral consequences.”

Accordingly, we reverse and remand for further proceedings, findings of fact and conclusions of law as to whether appellant now suffers, or will suffer, any collateral legal consequences under Florida law as a result of the crime for which he was convicted, the sentence he received, the record, if any, of his conviction, and appellant’s present status. We also direct that the district court appoint counsel to represent petitioner.

REVERSED and REMANDED.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1987: 12002: 12003: 119872026peak 1987 · 1

Relies on it most ⓘ

  1. John K. Lincoln v. Franklin Y.K. Sunn807 F.2d 805 (9th Cir. 1987)
  2. Miguel Miranda v. Floyd Bennett322 F.3d 171 (2d Cir. 2003)
  3. Rudenko v. Costello286 F.3d 51 (2d Cir. 2002)

Most recent

  1. Miguel Miranda v. Floyd Bennett322 F.3d 171 (2d Cir. 2003)
  2. Rudenko v. Costello286 F.3d 51 (2d Cir. 2002)
  3. John K. Lincoln v. Franklin Y.K. Sunn807 F.2d 805 (9th Cir. 1987)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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