HAROLD E. BRADLEY, PETITIONER,
v.
HON. WALLACE E. STURGIS, ETC. RESPONDENT
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Petition for mandamus denied as moot because the underlying habeas corpus petition was already denied, but the court clarified that Florida's Constitution requires clerks to receive, docket, and deliver habeas corpus petitions without delay and at no cost.
A clerk of court must receive, docket, and deliver habeas corpus petitions without delay and without cost to the petitioner, as required by the Florida Constitution.
[1] A clerk of court violates the Florida Constitution by requiring a filing fee or oath of indigency as a condition to receiving, docketing, and delivering a habeas corpus p…
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Join FLexlaw to unlock all legal intelligence“The writ of habeas corpus shall be grantable of right, freely and without cost. It shall be returnable without delay, and shall never be suspended unless, in case of rebellion or invasion, suspension is essential to the public safety.”
Quoting Article I, Section 13 of the Florida Constitution regarding the right to habeas corpus.
Bradley petitioned for a writ of habeas corpus, but the Clerk of the Circuit Court for Marion County delayed processing and required either a filing f…
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PER CURIAM.
This matter is before the court upon a petition for writ of mandamus. Because the respondent has acted by denying the underlying petition for writ of habeas corpus, the issue raised on the petition for writ of mandamus is moot and therefore that petition is denied.
We write to inform the Clerk of the Circuit Court for Marion County that the Constitution of the State of Florida requires her to receive, docket and deliver to the assigned judge all petitions for writs of habeas corpus without any delay and at no cost to the petitioner or anyone. Article I, Section 13, Florida Constitution reads:
Habeas corpus. — The writ of habeas corpus shall be grantable of right, freely and without cost. It shall be returnable without delay, and shall never be suspended unless, in case of rebellion or invasion, suspension is essential to the public safety.
This opinion is necessitated by the many-months delay this petitioner suffered as a result of the failure of the Clerk of the Court to know the law applicable to her office or to abide by it. This court is informed, through these proceedings, and an affidavit of her deputy clerk, of the requirement of this particular clerk of court that a habeas corpus petitioner either pay a filing fee or submit an oath of indi-gency before his petition will be properly processed. We assume that such erroneous practice, which violates the constitutional rights of petitioners, will be rectified in the future, without further order or sanction by this court,
Petition DENIED,
SHARP, C.J., and DAUKSCH and COBB, JJ., concur.
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Robert E. Banks v. Jones, 197 So. 3d 1152 (Fla. 1st DCA 2016)…. .1, § 13, Fla. Const, -(emphasis added). District courts have enforced this constitutional mandate unequivocally. Bocharski v. Circuit Court of Second Judicial Circuit In and For Leon County, 552 So. 2d 946 (Fla. 1st DCA 1989); Bradley v. Sturgis, 541 So. 2d 766 (Fla. 5th DCA 1989). But where the claim is not based on the assertion that a person is detained without lawful authority, but. solely on the claim that, administration of the detention is not in accord with the agency’s own rules, then other consid…