ROY HARRIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Roy Harris appealed a trial court order transferring his habeas corpus petition from Miami-Dade County Circuit Court to Leon County Circuit Court. The Third District Court of Appeal reversed, holding that because Harris's petition challenged the legality of his current detention in Miami-Dade County following a parole revocation, venue was proper in Miami-Dade County under the general rule that habeas corpus petitions must be filed where the petitioner is detained.
The court held that Harris's petition was properly filed in Miami-Dade County Circuit Court because the general rule requires habeas corpus petitions to be filed in the circuit court of the county where the petitioner is detained, and none of the recognized exceptions to this rule applied to Harris's challenge of the Parole Commission's jurisdiction and his claim of unlawful detention.
[1] A petition for a writ of habeas corpus must generally be filed in the circuit court of the county where the petitioner is detained.
[2] Habeas corpus petitions are filed to test the legality of a petitioner's detention and to secure immediate release if the detention is illegal.
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Join FLexlaw to unlock all legal intelligence“Historically, habeas corpus petitions are filed to test the legality of the petitioner's detention and to secure immediate release from that detention if it is determined to be illegal. The general rule is that a petition for writ of habeas corpus must be filed in the circuit court of the county where the petitioner is located.”
Establishes the fundamental purpose and general venue rule for habeas corpus petitions
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Join FLexlaw to unlock all legal intelligenceHarris was serving a sentence in Miami-Dade County following a revocation of his parole. He filed a petition for writ of habeas corpus in Miami-Dade C…
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Roy Harris appeals from the trial court’s order transferring his petition for writ of habeas corpus to the Circuit Court, Second Judicial Circuit, in Leon County. We reverse.
Harris alleges he is currently serving a sentence in Miami-Dade County following a revocation of his parole. He filed a petition for a writ of habeas corpus with the Circuit Court in Miami-Dade County, alleging that the Florida Parole Commission issued a warrant and revoked his parole after his term of parole had already expired, that the Commission acted without jurisdiction, and that he is therefore being incarcerated illegally in Miami-Dade County.
The trial court declined to reach the merits of Harris’ claim, determining that the Clerk of the Miami-Dade Circuit Court had already transferred the petition to the Leon County Circuit Court.1 The trial court rendered an order determining that the transfer was proper. However, given the nature of the claim raised by Harris’ petition, we hold that the petition was properly filed in the Miami-Dade County Circuit Court, where Harris is currently incarcerated.
Historically, habeas corpus petitions are filed to test the legality of the petitioner’s detention and to secure immediate release from that detention if it is determined to be illegal. The general rule is that a petition for writ of habeas corpus must be filed in the circuit court of the county where the petitioner is located. See § 79.09, Fla. Stat. (2013) (providing 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.”); Alachua Reg’l Juvenile Det. Ctr. v. T.O., 684 So.2d 814 (Fla.1996); Lewis v. Fla. Parole Comm’n, 697 So.2d 965 (Fla. 1st DCA 1997); Ruiter v. Wainwright, 249 So.2d 67 (Fla. 2d DCA 1971).
*1171While there are exceptions to this general rule of proper venue,2 none apply to the instant case. Petitioner’s challenge to the jurisdiction of the Parole Commission to revoke parole, and his allegation that he is entitled to immediate release as a result of his unlawful detention, dictate that venue is proper in the circuit court of the county in which he is incarcerated. See Young v. Simmons, 506 So.2d 434 (Fla. 2d DCA 1987); State v. Sampson, 297 So.2d 120 (Fla. 4th DCA 1974). We therefore vacate the transfer order and remand for further proceedings on the petition. We express no opinion on the merits of the petition.
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Shird T. Myrick v. Inch, 303 So. 3d 269 (Fla. 2d DCA 2020)…831-32 (Fla. 1st DCA 2017) (reviewing transfer order without stating a basis for jurisdiction); Baker v. State, 164 So. 3d 38, 38-39 (Fla. 3d DCA 2015) (reviewing transfer order as a nonfinal, appealable order concerning venue); Harris v. State, 133 So. 3d 1169, 1170-71 (Fla. 3d DCA 2014) (reviewing transfer order as a nonfinal, appealable order regarding venue); Williams v. Crews, 111 So. 3d 301, 302 (Fla. 1st DCA 2013) (reviewing transfer order through a petition for writ of prohibition); Magwood v. T…
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Amado Parra v. State (Fla. 3d DCA 2020)…ion seeks to challenge the Parole Commission's determination of a petitioner's presumptive parole release date . . . [t]he proper venue . . . is in the Leon County Circuit Court (Tallahassee), where the Commission is headquartered.” Harris v. State, 133 So. 3d 1169, 1171 n.2 (Fla. 3d DCA 2014) (citing Sullivan v. Fla. Parole Comm'n, 920 So. 2d 106 (Fla. 2d DCA 2006)).…
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Armand N. Perreault v. Dixon (Fla. 3d DCA 2025)
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)
- Collins v. State, 859 So. 2d 1244 (Fla. 5th DCA 2003)
- Lewis v. Fla. Parole Comm'n, 697 So. 2d 965 (Fla. 1st DCA 1997)
- State v. Sampson, 297 So. 2d 120 (Fla. 4th DCA 1974)
- Sullivan v. Fla. Parole Comm'n, 920 So. 2d 106 (Fla. 2d DCA 2006)
- Young v. Simmons, 506 So. 2d 434 (Fla. 2d DCA 1987)
- Ruiter v. Louie L. Wainwright, 249 So. 2d 67 (Fla. 2d DCA 1971)
- Fla. Peach Corp. v. Barron, 249 So. 2d 67 (Fla. 1st DCA 1971)
- Coakley v. State, 43 So. 3d 790 (Fla. 1st DCA 2010)