JOSHUA W. STAMM
v.
STATE OF FLORIDA

Fla. 1st DCA | 2019-05-13
No. 18-1009
Patterson, J., Thomas, C.J., Bilbrey, J., Jay, J.
270 So. 3d 558 Florida District Court of Appeal, First District (2019)

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Holding

An appeal from a habeas corpus petition is dismissed as moot when the petitioner has been extradited to another state.


Headnotes

[1] An appeal from a petition for writ of habeas corpus becomes moot when the petitioner is extradited to another state, rendering the court's jurisdiction to grant relief ac…

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Facts & Procedural History

Joshua W. Stamm filed a petition for writ of habeas corpus in Jackson County Circuit Court. Before the appeal could be resolved, Stamm was extradited …

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Opinion of the Court
B.L. Thomas

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D18-1009 _____________________________

JOSHUA W. STAMM,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Jackson County. Christopher N. Patterson, Judge.

May 13, 2019

PER CURIAM.

Because Appellant was extradited to Ohio, his underlying petition for writ of habeas corpus has been rendered moot and the appeal is dismissed. See Young v. State, 104 So. 3d 1100 (Fla. 2d DCA 2012) (unpublished disposition) (dismissing appeal, holding the fact that the defendant was extradited rendered his underlying petition for writ of habeas corpus moot); see also M.M. v. Wood, 152 So. 3d 1280, 1281 (Fla. 1st DCA 2015) (concluding that “while the issue [of first impression] may conceivably recur, it will not necessarily evade review if it does so” and declining “to exercise our jurisdiction to address a question that has been rendered moot by petitioner’s release from secure detention”).

DISMISSED.

2

B.L. THOMAS, C.J., and BILBREY and JAY, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Andy Thomas, Public Defender, and Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and Virginia Harris, Assistant Attorney General, Tallahassee, for Appellee.


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