J.E.P., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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J.E.P., a juvenile, appealed multiple orders including denial of a habeas corpus petition alleging ineffective assistance of counsel and unknowing plea. The appellate court affirmed orders regarding adjudication and probation violation but reversed the denial of the habeas corpus petition, requiring a hearing on its merits.
When a habeas corpus petition in a juvenile proceeding is facially sufficient, the juvenile is entitled to a hearing before the juvenile court to determine an adequate method to resolve the allegations. The juvenile court erred in denying the petition without holding a hearing or providing explanation.
[1] A petition for writ of habeas corpus is the proper method to seek postdisposition relief in juvenile delinquency proceedings when no comparable rule to Florida Rule of Cr…
[2] When a petition for writ of habeas corpus in juvenile delinquency proceedings is facially sufficient, the juvenile is entitled to greater due process than an order denyin…
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Join FLexlaw to unlock all legal intelligence“a petition for habeas corpus is still the proper method to seek postdisposition relief”
Establishes that habeas corpus is the appropriate vehicle for challenging juvenile adjudications due to absence of rule 3.850 equivalent in juvenile procedure rules
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Join FLexlaw to unlock all legal intelligenceJ.E.P. had multiple juvenile delinquency proceedings, with eight separate petitions filed on July 20, 2011, handled in consolidated fashion. On Januar…
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J.E.P. appeals several orders, including an order denying his petition for writ of habeas corpus. We affirm all orders on appeal except for the order denying his petition for habeas corpus.
J.E.P. has had a series of juvenile delinquency proceedings. On July 20, 2011, alone, the first eight separate petitions were filed against this juvenile. The cases have been handled in a consolidated fashion, which makes the record somewhat confusing. He appeals an order of adjudication on a newer petition and an order of probation entered on violation of probation in six separate earlier proceedings. We affirm these orders without comment.
On January 11, 2013, the attorney representing this juvenile filed a petition for writ of habeas corpus in the eight original proceedings. The petition alleges that the *765juvenile did not enter a knowing plea in these proceedings and that the original attorney representing the juvenile had committed ineffective assistance of counsel. The Florida Rules of Juvenile Procedure do not contain a rule comparable to Florida Rule of Criminal Procedure 3.850. As a result, a petition for habeas corpus is still the proper method to seek postdispo-sition relief. See D.E.R. v. State, 993 So.2d 1030 (Fla. 2d DCA 2008); J.M.B. v. State, 750 So.2d 654, 655 (Fla. 2d DCA 1999).
The juvenile court did not hold a hearing on this petition for habeas corpus. Instead it entered a short order denying the petition without explanation. The contents of the petition appear facially sufficient. Admittedly, the procedural rules for handling such relatively rare petitions are not well established. We do not believe that the procedures in this context need to be as complex as those for handling motions under rule 3.850. The provisions addressing habeas corpus in chapter 79, Florida Statutes (2011), are also not well suited for these motions. However, when the motion is facially sufficient, the juvenile is entitled to greater due process than when an order denies the petition without any explanation. At a minimum, the juvenile court should hold a hearing on the petition to determine an adequate method to resolve the allegations of the petition.
Accordingly, we reverse and remand only as to the petition for habeas corpus with instructions that the juvenile court hold a hearing on that petition.
Affirmed in part, reversed in part, and remanded.
LaROSE and MORRIS, JJ., Concur.
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Citator
Cited By
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J.R. v. State, 141 So. 3d 780 (Fla. 2d DCA 2014)….W.G. v. State, 945 So. 2d 597, 601 (Fla. 2d DCA 2006). We must affirm on this issue because J.R. failed to [*781] preserve it. We affirm without prejudice to J.R.’s right to petition for habeas corpus relief in the trial court. See J.E.P. v. State, 130 So. 3d 764, 765 (Fla. 2d DCA 2014). Affirmed in part and reversed in part. ALTENBERND and KELLY, JJ., Concur.…
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H.R. v. State (Fla. 3d DCA 2020)…he juvenile’s adjudicatory hearing counsel. See, e.g., R.J. v. State, 636 So. 2d 197 (Fla. 4th DCA 1994) (affirming delinquency adjudication without prejudice to seek collateral relief based upon ineffective assistance of counsel); J.E.P. v. State, 130 So. 3d 764 (Fla. 2d DCA 2014). See also D.D. v. State, 253 So. 3d 121 (Fla. 2d DCA 2018) (juvenile’s counsel failed to properly move for judgment of dismissal; on appeal, juvenile raised issue and appellate court reversed upon a finding of ineffective FACTS…
Authorities Cited
- J.M.B. v. State, 750 So. 2d 654 (Fla. 2d DCA 1999)
- D.E.R. v. State, 993 So. 2d 1030 (Fla. 2d DCA 2008)
- Elliot Antonio McNEIL v. State, 993 So. 2d 1030 (Fla. 2d DCA 2008)