JAMES GARDNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Petition For Writ Of Habeas Corpus cases and more on FLexlaw
PER CURIAM.
Appellant, a patient at Florida State Hospital, filed a Petition for a Writ of Habeas Corpus to the Circuit Court for Gadsden County. The trial judge denied the petition on the ground that since the petitioner was committed by the Circuit Court of Leon County, jurisdiction did not lie in Gadsden County in the habeas action. We reverse.
Section 394.459(10), Florida Statutes (1977), provides that a patient may file a Petition for Writ of Habeas Corpus “in the circuit court in the county where the patient is hospitalized . . .” Since appellant is a patient at Florida State Hospital and that hospital is in Gadsden County, jurisdiction for the Petition for Writ of Habeas Corpus is in Gadsden County.
Accordingly, this cause is reversed and remanded with directions that the petition be considered on the merits.
MILLS, Acting C. J., BOOTH, J., and MASON, ERNEST E., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (16 total)
-
Williams v. State, 427 So. 2d 768 (Fla. 2d DCA 1983)…ould determine whether the accused by reason of his age, mental derangement, lack of knowledge, lack of experience, or inexperience in criminal proceedings would be deprived of a fair trial if permitted to conduct his own defense. Robinson v. State, 368 So. 2d 674 (Fla. 1st DCA 1979). Additionally, the court should consider the complexity of the charge in order to determine if legal representation is necessary in the interest of justice. Cappetta v. State; Fla.R.Crim.P. 3.111(d)(3). In the case sub judice, a…
-
Smiley Vincent Keene v. State, 420 So. 2d 908 (Fla. 1st DCA 1982)…education, or inexperience in criminal proceedings, is to make certain that defendant is aware of the disadvantage under which he is placing himself by waiving counsel. Costello v. Carlisle, 413 So. 2d 834 (Fla. 1st DCA 1982). See Robinson v. State, 368 So. 2d 674, 675 (Fla. 1st DCA 1979), Ausby v. State, 358 So. 2d 562 (Fla. 1st DCA 1978). Unlike Cappetta and similar Florida cases where the defendants affirmatively moved to proceed pro se, or argued that the court denied them their right to self-representat…
-
Bowen v. State, 677 So. 2d 863 (Fla. 2d DCA 1996)…la. 1st DCA 1987); Daniels v. State, 449 So. 2d 950 (Fla. 2d DCA 1984); Smith v. State, 444 So. 2d 542 (Fla. 1st DCA 1984); Morgano v. State, 439 So. 2d 924 (Fla. 2d DCA 1983); Williams v. State, 427 So. 2d 768 (Fla. 2d DCA 1983); Robinson v. State, 368 So. 2d 674 (Fla. 1st DCA 1979); Cappetta v. State, 204 So. 2d 913 (Fla. 4th DCA 1967), rev’d on other grounds, 216 So. 2d 749 (Fla.1968), cert. denied, 394 U.S. 1008, 89 S.Ct. 1610, 22 L.Ed.2d 787 (1969). I, accordingly, concur in the result of the majority o…1 / 2
Previewing 3 of 16 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence