MERRICK MAGNUS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A petition for writ of habeas corpus must be filed in the county where the prisoner is detained, and the trial court should transfer it if filed in the wrong venue.
[1] A petition for writ of habeas corpus must be filed in the circuit court of the county in which the prisoner is detained.
[2] A court generally lacks the authority to issue writs to be executed beyond its territorial jurisdiction.
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Join FLexlaw to unlock all legal intelligenceAn incarcerated appellant filed a petition for writ of habeas corpus in a county other than where he was detained, alleging errors regarding gain time…
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KLEIN, J.
Appellant, who was incarcerated in Dade county, filed a petition for writ of habeas corpus in Broward county, alleging that he is being improperly incarcerated because of errors regarding gain time. The state responded that a prisoner can only seek habeas corpus in the circuit court where the prisoner is detained, and that appellant should first have sought relief through the Department of Corrections.
Section 79.09, Florida Statutes (1993) provides that a petition for writ of habeas corpus “shall be filed with the clerk of the circuit court of the county in which the prisoner is detained.” This statute is consistent with the common law, under which courts do not have the authority to issue writs to be executed beyond their territorial jurisdiction. Newman v. Hornsby, 385 So. 2d 1106 (Fla. 5th DCA 1980); Campbell v. Florida Parole Comm’n, 630 So. 2d 1210 (Fla. 1st DCA 1994). See also Yates v. Buchanan, 170 So. 2d 72 (Fla. 3d DCA 1964) and cases cited. As it happens, this court could not grant relief to petitioner either, because he is outside its territorial jurisdiction. Alachua Reg’l Juvenile Detention Ctr. v. T.O., 684 So. 2d 814, 816 (Fla.1996)(construing, Art. V, § 4(c), Fla. Const.)
In the present case the trial court denied the petition without explaining why. When it is apparent to a trial court that a petition for habeas corpus has been filed in the wrong court, it could save an unnecessary appeal which could substantially delay the release of a wrongfully incarcerated person, if the trial court would transfer the petition to the proper court. In the present case the state, in its response, pointed out that the petition had been filed in the wrong court and also that the appellant should first have sought administrative relief before the Department of Corrections. We affirm without prejudice to appellant seeking administrative relief if appropriate, or habeas relief in the circuit court of the county in which he is incarcerated.
STONE and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Williams v. Fla. Parole Comm'n, 760 So. 2d 959 (Fla. 1st DCA 2000)…ion on the merits. During pen-dency of the appeal, appellant was transferred to a‘correctional institution in Jackson County. Accordingly, the trial judge on remand dismissed the petition based on lack of jurisdiction. As noted in Magnus v. State, 738 So. 2d 446, 447 (Fla. 4th DCA 1999), “When it is apparent to a trial court that a petition for habeas corpus has been filed in the wrong court, it could save an unnecessary appeal which could substantially delay the release of a wrongfully incarcerated person,…
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Collins v. State, 777 So. 2d 436 (Fla. 3d DCA 2001)…ition for Writ of Habeas Corpus and Mandamus. The dismissal was based on the fact that petitioner, who was incarcerated in Miami Dade County at the time he filed his petition, has been transferred to the Third Circuit. We agree with Magnus v. State, 738 So. 2d 446, 447 (Fla. 4th DCA 1999), which stated: When it is apparent to a trial court that a petition for habeas corpus has been filed in the wrong court, it could save an unnecessary appeal which could substantially delay the release of a wrongfully incar…
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Doctor v. State, 910 So. 2d 355 (Fla. 2d DCA 2005)…FULMER, Chief Judge. Affirmed without prejudice to appellant seeking habeas relief in the circuit court of the county where he is incarcerated. See Magnus v. State, 738 So. 2d 446, 447 (Fla. 4th DCA 1999). CASANUEVA and KELLY, JJ., Concur.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Alachua Reg'l Juv. Detention Ctr. v. T.O., 684 So. 2d 814 (Fla. 1996)
- Yates v. Buchanan, 170 So. 2d 72 (Fla. 3d DCA 1964)
- MacRAE v. State, 630 So. 2d 1210 (Fla. 1st DCA 1994)
- Campbell v. Fla. Parole Comm'n, 630 So. 2d 1210 (Fla. 1st DCA 1994)
- Newman v. Hornsby, 385 So. 2d 1106 (Fla. 5th DCA 1980)
- Hornsby v. The Honorable H. Eugene Fischer, 385 So. 2d 1106 (Fla. 4th DCA 1980)