RAY A. KEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed dismissal of a motion for relief from judgment seeking rehearing of a habeas corpus petition filed in the wrong circuit, but allowed refiling in the proper circuit.
A habeas corpus petition challenging parole or incarceration must be filed in the circuit court having jurisdiction over the correctional facility where the petitioner is detained.
[1] A habeas corpus petition challenging parole revocation or incarceration must be filed in the circuit court having jurisdiction over the correctional facility where the pe…
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Join FLexlaw to unlock all legal intelligenceRay Key filed a petition for writ of habeas corpus in the wrong circuit court. He then filed a motion for relief from judgment seeking rehearing of th…
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PER CURIAM.
Ray Key appeals an order dismissing his “Fundamental Motion for Relief from Judgment and Order of the Court.” The motion sought rehearing of an order dismissing a petition for writ of habeas corpus that was filed in the wrong circuit. The circuit court dismissed the motion for relief from judgment, concluding that Key was again seeking relief in the wrong circuit.
The circuit court’s order is affirmed without prejudice to file the petition for writ of habeas corpus in the proper circuit. See Johnson v. Fla. Parole Comm’n, 841 So. 2d 615, 617 (Fla. 1st DCA 2008)(stating that mandamus petition challenging presumptive parole release date was “properly filed in the circuit court where the agency was headquartered” and habeas petition challenging parole revocation was “properly filed in the county where petitioner was detained”); Heard v. Fla. Parole Comm’n, 811 So. 2d 808, 808-09 (Fla. 1st DCA 2002)(holding that an inmate’s challenge to revocation of early release from prison under an early release program is properly raised in a habeas petition; the petition should be filed in the circuit court having jurisdiction over the correctional facility where inmate is currently housed).
FARMER, C.J., STEVENSON and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Merkle v. Guardianship OF Robert J. Jacoby, 912 So. 2d 595 (Fla. 2d DCA 2005)
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Grace v. State, 920 So. 2d 719 (Fla. 4th DCA 2006)…propriate circuit court if necessary after he has exhausted his administrative remedies with the Department. See Thomas v. State, 828 So. 2d 1045 (Fla. 4th DCA 2002); [*720] Smith v. State, 785 So. 2d 1237 (Fla. 4th DCA 2001); see also Key v. State, 874 So. 2d 694 (Fla. 4th DCA 2004) (citing Johnson v. Fla. Parole Comm’n, 841 So. 2d 615, 617 (Fla. 1st DCA 2003), for the proposition that a mandamus petition is filed in the circuit where the agency is headquartered and a habeas petition where the petitioner is…
Authorities Cited
- Fannings Johnson v. Fla. Parole Comm'n & James V. Crosby, Jr., 841 So. 2d 615 (Fla. 1st DCA 2003)
- Heard v. Fla. Parole Comm'n, 811 So. 2d 808 (Fla. 1st DCA 2002)