JOHNNY RAY GAFFNEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Court vacated the trial court's denial of habeas corpus petition because the trial court lacked territorial jurisdiction where the defendant was detained in a different county than where the petition was filed.
A trial court lacks authority to rule on a habeas corpus petition when the petitioner is detained outside the court's territorial jurisdiction.
[1] A habeas corpus petition must be filed in the county where the defendant is detained, and a trial court lacks jurisdiction to rule on a petition filed in a different coun…
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Join FLexlaw to unlock all legal intelligenceIn 1985, the defendant was adjudicated guilty of sexual battery on a child under twelve years of age. After eleven years of post-conviction proceeding…
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ANTOON, Judge.
In 1985, the defendant was adjudicated guilty of committing a sexual batteiy on a child less than twelve years of age.1 In the subsequent eleven years, the defendant has sought review of his judgment and sentence by way of a direct appeal, two motions for post-conviction relief, an appeal of the denial of the second motion for post-conviction relief, two federal habeas carpus petitions, and two state habeas corpus petitions. All post-conviction proceedings were resolved unfavorably to the defendant. Currently before this court for review is the trial court’s denial on the merits of the defendant’s third petition for writ of habeas corpus.
The defendant is incarcerated in DeSoto County. He filed his petition in Putnam County. Section 79.09, Florida Statutes (1995), requires that a petition for habeas corpus be filed with the clerk of the court in the county where the defendant is detained. See also Raley v. State, 675 So. 2d 170 (Fla. 5th DCA), cause dismissed, 678 So. 2d 1287 (Fla.) and appeal dismissed, — So. 2d — (Fla.1996). Accord Newman v. Hornsby, 385 So. 2d 1106 (Fla. 5th DCA 1980). Therefore, the trial court lacked the authority to rule upon the defendant’s petition for writ of habeas corpus because the defendant is detained outside the court’s territorial jurisdiction. The petition should have been dismissed. Accordingly, we are constrained to vacate the trial court’s order denying the petition. Savage v. State, 662 So. 2d 750 (Fla. 4th DCA 1995).
VACATED.
PETERSON, C.J., and THOMPSON, J., concur. . § 794.011(2), Fla. Stat. (1985).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Richardson v. State, 918 So. 2d 999 (Fla. 5th DCA 2006)…in the Second Judicial Circuit for a writ of habeas corpus, since he is incarcerated in the Quincy Correctional Institution. Only the circuit court within the county where he is incarcerated has jurisdiction.”) (citations omitted); Gaffney v. State, 681 So. 2d 1211, 1211 (Fla. 5th DCA 1996) ("[T]he trial court lacked the authority to rule upon the defendant’s petition for writ of habeas corpus because the defendant is detained outside the court's territorial jurisdiction. The petition should have been dismisse…
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Torres v. State, 700 So. 2d 1247 (Fla. 5th DCA 1997)…circuit court within the county where he is incarcerated has jurisdiction. § 79.09, Fla. Stat. (1995); Alachua Regional Juvenile Detention Center v. T.O., 684 So. 2d 814 (Fla.1996); Baggett v. Wainwright, 229 So. 2d 239 (Fla.1969); Gaffney v. State, 681 So. 2d 1211 (Fla. 5th DCA 1996). We dismiss the appeal without prejudice to Torres’ filing a petition for writ of habeas corpus in the Second Judicial Circuit. DISMISSED without prejudice. COBB and ANTOON, JJ., concur.…
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Gaffney v. State, 878 So. 2d 470 (Fla. 5th DCA 2004)…., concurs in part and dissents in part with opinion. . See Gaffney v. State, 527 So. 2d 205 (Fla. 5th DCA 1988); Gaffney v. State, No. 88-418 (Fla. 5th DCA Apr.4, 1989); Gaffney v. State, No. 90-1264 (Fla. 5th DCA Sept. 5, 1990); Gaffney v. State, 681 So. 2d 1211 (Fla. 5th DCA 1996); Gaffney v. State, No. 97-1370 (Fla. 5th DCA June 11, 1997); Gaffney v. Brooks, 712 So. 2d 1291 (Fla. 5th DCA 1998); Gaffney v. State, 722 So. 2d 205 (Fla. 5th DCA 1998); Gaffney v. State, 775 So. 2d 1000 (Fla. 5th DCA 2000); Gaf…
Authorities Cited
- Raley v. State, 675 So. 2d 170 (Fla. 5th DCA 1996)
- Newman v. Hornsby, 385 So. 2d 1106 (Fla. 5th DCA 1980)
- Savage v. State, 662 So. 2d 750 (Fla. 4th DCA 1995)
- Hornsby v. The Honorable H. Eugene Fischer, 385 So. 2d 1106 (Fla. 4th DCA 1980)