H. P. GORDON, AS SHERIFF, APPELLANT,
v.
MRS. CHARLIE LEWIS, A/K/A JOSEPHINE LEWIS, APPELLEE
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The Florida Supreme Court reversed a lower court's decision to release a prisoner via habeas corpus, finding that habeas corpus was an improper remedy for the alleged double jeopardy claim.
No, the writ of habeas corpus was not an appropriate remedy in this case.
“We do not consider it necessary to pass upon the defense of former jeopardy, because it appears that this case is substantially identical with Sullivan v. State ex rel. Cootner, Fla., 44 So. 2d 96, which is controlling and necessitates reversal upon the ground that habeas corpus was not available to appellee in the circuit court.”
This quote establishes the primary reason for reversal: the improper use of habeas corpus for a former jeopardy claim, based on precedent.
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Join FLexlaw to unlock all legal intelligenceThe appellee was granted a writ of habeas corpus by the circuit court, which found that the criminal court of record should have honored a defense of …
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PER CURIAM.
This is an appeal from a judgment of the circuit court ordering the appellee released from custody of respondent, as sheriff, on writ of habeas corpus. The writ was granted by the circuit judge apparently upon the ground that the criminal court of record, whose proceedings were brought before the circuit court for review, should have honored a defense of former jeopardy and dismissed criminal proceedings against the appellee.
Appellant contends that there was no double jeopardy established by appellee in the criminal court of record, and that in any event the remedy of habeas corpus should not have been permitted below. ' We do not consider it necessary to pass upon the defense of former, jeopardy, because it appears that this case is substantially identical with Sullivan v. State ex rel. Cootner, Fla., 44 So. 2d 96, which is controlling and necessitates reversal upon the ground that habeas corpus was not available to appellee in the circuit court. Accordingly, the judgment must be, and it is hereby, reversed and the cause is remanded to the circuit court with directions to dismiss the petition for writ of habeas corpus.
It is so ordered.
DREW, C. J., and TERRELL, THOR-NAL and HOBSON, JJ., concur.
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State of Fla. ex rel. Jesse C. Donaldson v. Kelly, 139 So. 2d 730 (Fla. 3d DCA 1962)…, in order to determine that the judgment and conviction was unlawful, it is necessary that we find that the accusatory pleadings, complaint and docket entry were completely void. Sullivan v. State, Fla.1950, 44 So. 2d 96; Gordon v. Lewis, Fla.1956, 91 So. 2d 340; 15 Fla.Jur., Habeas Corpus, § 14. Where the accusatory pleading is not void, habeas corpus is not the proper [*731] remedy to review an order denying a motion to quash. Errors alleged in the trial and ultimate sentence are matters properly raised…