HOWARD L. GILLARD, PETITIONER,
v.
FLORIDA PAROLE COMMISSION, RESPONDENT
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The court granted certiorari and quashed the lower court's denial of mandamus, holding that a prisoner challenging parole revocation must file habeas corpus in the county where incarcerated, not in Leon County, which lacked territorial jurisdiction.
A petition challenging parole revocation on jurisdictional grounds must be brought as habeas corpus in the county where the prisoner is incarcerated, not as mandamus in another county.
[1] A prisoner challenging parole revocation on grounds of lack of authority must file a petition for habeas corpus in the circuit court of the county where incarcerated, not…
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Join FLexlaw to unlock all legal intelligenceGillard, incarcerated in Walton County, filed a mandamus petition in Leon County Circuit Court challenging the Florida Parole Commission's revocation …
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PER CURIAM.
Petitioner, Howard L. Gillard, a prisoner incarcerated in Walton County, filed a petition for writ of mandamus in the Circuit Court of Leon County in which he challenged the Florida Parole Commission’s revocation of his conditional release. He claimed that the Commission lacked the authority to revoke after it waited more than 45 days to conduct the final revocation hearing. See sec. 947.141(2), Fla. Stat. (1991). The lower court denied the petition, and Petitioner filed a petition for writ of certiorari in this court. We grant the petition.
Because Petitioner claimed an entitlement to immediate release, the appropriate vehicle for raising the claim is a petition for writ of habeas corpus in the county in which he is currently incarcerated. See, e.g., Stanley v. Moore, 744 So. 2d 1160 (Fla. 1st DCA 1999); Steele v. State, 733 So. 2d 1117 (Fla. 4th DCA 1999); sec. 79.09, Fla. Stat. (1999). Thus, because Petitioner was not incarcerated in Leon County, the Circuit Court of Leon County lacked territorial jurisdiction over this action. See Lewis v. Florida Parole Commission, 697 So. 2d 965 (Fla. 1st DCA 1997). Accordingly, we grant the petition for writ of certiorari, quash the order below, and remand with instructions to treat the action as a petition for writ of habeas corpus and immediately transfer the petition to the circuit court that has jurisdiction over the correctional facility in which Petitioner is currently incarcerated.
MINER, KAHN and WEBSTER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Heard v. Fla. Parole Comm'n, 811 So. 2d 808 (Fla. 1st DCA 2002)…udicial circuit. An inmate’s challenge to the revocation of his early release from prison under the terms and conditions of an early release program is properly filed in a petition for a writ of habeas corpus, see Gillard v. Florida Parole Comm’n, 784 So. 2d 1214, 1215 (Fla. 1st DCA 2001), and “a petition for a writ of habeas corpus ... is constitutionally exempt from all court costs and filing fees.” Stanley v. Moore, 744 [*809] So. 2d 1160, 1161 (Fla. 1st DCA 1999). Thus, the circuit court clearly departed…
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Christifa A. Knowles v. Fla. Parole Comm'n, 846 So. 2d 1246 (Fla. 1st DCA 2003)…iling of a petition for writ of habeas corpus is the proper method of challenging the revocation of an inmate’s conditional release supervision. See Heard v. Florida Parole Comm’n 811 So. 2d 808 (Fla. 1st DCA 2002); Gillard v. Florida Parole Comm’n, 784 So. 2d 1214 (Fla. 1st DCA 2001). An inmate’s petition for habeas corpus must be filed in the circuit court of the county in which the inmate is incarcerated. See Heard; Gil-lard. Moreover, a filing fee is not required in a habeas proceeding. See Heard. In th…
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Weed v. State, 802 So. 2d 501 (Fla. 3d DCA 2001)…without prejudice, and remand with instructions that the trial court transfer the petition to the circuit court that allegedly awarded improper credit for time served. See Pettway v. State, 776 So. 2d 930 (Fla.2000); Gillard v. Florida Parole Comm., 784 So. 2d 1214 (Fla. 1st DCA 2001). Reversed and remanded.…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lewis v. Fla. Parole Comm'n, 697 So. 2d 965 (Fla. 1st DCA 1997)
- Stanley v. Moore, 744 So. 2d 1160 (Fla. 1st DCA 1999)
- Malmquist v. State, 733 So. 2d 1117 (Fla. 4th DCA 1999)