CHRISTOPHER HOGG
v.
MICHELLE COOK
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The court recharacterized a habeas corpus petition as a petition for writ of mandamus, finding that the petitioner was seeking to enforce a procedural rule rather than challenging the legality of his detention. Because the petitioner had since been charged, the court found no clear procedural entitlement to relief.
No, a writ of habeas corpus is designed to test the legality of detention, not to enforce procedural rules. Because the petitioner has now been charged, there is no clear procedural entitlement to the relief sought under the rule.
[1] A writ of habeas corpus is designed to test the legality of detention and may not be used to challenge violations of procedural rules or judicial actions that result in d…
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Join FLexlaw to unlock all legal intelligence“The purpose of a habeas petition is not to challenge the judicial action that places a petitioner in jail; rather, it challenges the detention itself.”
Explains the limited scope of a habeas corpus petition.
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Join FLexlaw to unlock all legal intelligenceThe petitioner sought to enforce a rule of criminal procedure, Fla. R. Crim. P. 3.134, through a petition for writ of habeas corpus. He did not claim …
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PER CURIAM.
The petitioner seeks to enforce a rule of procedure. See Fla. R. Crim. P. 3.134. That is, he does not claim that there is a substantive right that could render his continued detention by the respondent illegal. Cf. Boyd v. Becker, 627 So. 2d 481, 484 (Fla. 1993) (“While the Florida Constitution grants this Court exclusive rule-making authority, this power is limited to rules governing procedural matters and does not extend to substantive rights”); Benyard v. Wainwright, 322 So. 2d 473, 475 (Fla. 1975) (explaining that “[s]ubstantive law prescribes the duties and rights under our system of government,” which the Legislature has the exclusive authority to enact “within the limits of the state and federal constitutions,” whereas procedural rules “concern[s the means and method to apply and enforce those duties and rights,” which the judicial branch has the authority to adopt, “subject to repeal by the legislature in accordance with our constitutional provisions”); see Hines v. State, 931 So. 2d 148, 150 (Fla. 1st DCA 2006) (noting that “a rule of procedure cannot enact substantive law” and that “when a rule of procedure attempts to create a substantive right, it violates the Legislature’s authority under article III of the Florida Constitution to enact substantive law”).
The petitioner, then, seeks the wrong remedy. Cf. Jones v. Florida Parole Comm’n, 48 So. 3d 704, 710 (Fla. 2010) (“The purpose of a habeas petition is not to challenge the judicial action that places a petitioner in jail; rather, it challenges the detention itself.”); Sneed v. Mayo, 66 So. 2d 865, 869 (Fla. 1953) (noting that the writ of habeas corpus “is designed to test solely the legality of the petitioner’s imprisonment”); State v. Logan, 100 So. 173, 173 (Fla. 1924) (explaining that the function of a writ of habeas corpus is to allow a court to “inquire into the cause of [the petitioner’s] detention, and, if found to be illegal,” to restore to liberty); see generally Shelton v. Coleman, 187 So. 266 (Fla. 1939).
Accordingly, we recharacterize the petition as one for mandamus directed to the trial court. See Fla. R. App. P. 9.040(c). Because the petitioner now has been charged, there is no clear procedural entitlement under the rule to some non-discretionary action by the trial court. Cf. Bowens v. Tyson, 578 So. 2d 696 (Fla. 1991). DISMISSED. OSTERHAUS, TANENBAUM, and LONG, JJ., concur. _____________________________
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Benyard v. Louie L. Wainwright, 322 So. 2d 473 (Fla. 1975)
- Sneed v. Mayo, 66 So. 2d 865 (Fla. 1953)
- Boyd v. Ferdinand F. Becker, M.D., 627 So. 2d 481 (Fla. 1993)
- Shelton v. Coleman, 136 Fla. 625 (Fla. 1939)
- Hines v. State, 931 So. 2d 148 (Fla. 1st DCA 2006)
- State Ex Rel. A. McLeod v. Logan, 87 Fla. 348 (Fla. 1924)
- Bowens v. Tyson, 578 So. 2d 696 (Fla. 1991)
- Jones v. Fla. Parole Comm'n, 48 So. 3d 704 (Fla. 2010)