ADAMS_V._STATE_ _2024 CA 9379 O_ _10.24.2024
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Petitioner Adams filed a petition for certiorari with the Ninth Judicial Circuit Court seeking immediate review of a postconviction petition that had been transferred from the Florida Supreme Court. The court determined that the proper venue for the mandamus/writ petition was the Sixth District Court of Appeal and transferred the matter accordingly.
The Ninth Judicial Circuit Court lacks jurisdiction to address the petition, as the proper venue for a writ directed to proceedings in the circuit court is the Sixth District Court of Appeal under Florida Rule of Appellate Procedure 9.030(b)-(c).
[1] A petition seeking to compel a circuit court to rule on a pending postconviction petition should be filed in the District Court of Appeal, not the Supreme Court.
[2] A court may treat a petition for writ of certiorari as a petition for writ of mandamus if the filing requests immediate determination of a pending matter and argues again…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“We read the filing as seeking, in essence, to compel the circuit court to rule on the transferred petition requesting postconviction relief filed in Petitioner's Criminal Division cases. However, since Petitioner is seeking a writ directed to proceedings in the circuit court, the proper court to address their petition is the Sixth District Court of Appeal.”
Establishes the court's interpretation of the petition as a mandamus action and the jurisdictional basis for transferring the matter to the proper appellate court.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePetitioner Adams filed a postconviction petition in Criminal Division cases 2019-CF-003334-C-O and 2019-CF-003449-A-O alleging sentencing errors. The …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
TfflS MATTER came before the Court for consideration of Petitioner's "Petition for a Writ of Certiorari," filed with the Clerk of this Court on October 22, 2024. The Court finds as follows: Petitioner's current filing requests this Court's review of a petition transferred to the Ninth Judicial Circuit by the Florida Supreme Court1 and currently pending as a postconviction filing within Petitioner's Criminal Division cases, 2019-CF-003334-C-O and 2019-CF-003449-A-O. That transferred petition, filed with the Clerk of this Court on August 20, 2024, requests 1 See Adams v. Dep 't of Corr., SC2024-l 149 (Fla. August 20, 2024). [*2] Petitioner's emergency release due to alleged errors in his sentencing related to the Criminal Division cases. While the current filing requests certiorari relief, this Court will treat it as a petition for writ of mandamus since it requests "immediate determination" of the earlier transferred petition and contends there is no "reason for this matter to be treated as an unimportant issue [ and] prolonged. "2 P. 9.030(b)-(c). The Court determines that the current filing should have been filed in that court. Therefore, pursuant to Florida Rule of Appellate Procedure 9. 040(b )( 1 ), it is ORDERED and ADJUDGED:
1.
This matter shall be TRANSFERRED to the Sixth District Court of Appeal.
2.
The Clerk of this Court shall transmit copies of the entire case file to2 While the current filing could also potentially be construed as requesting habeas relief through its request for Petitioner's immediate release, this Court finds that Petitioner's habeas claim is more completely pleaded through the transferred petition requesting "emergency release" in his Criminal Division cases. Page2 of3 2024-CA-009379-O [*3] that Court and then CLOSE the case forthwith. DONE and ORDERED in Chambers, at Orlando, Orange County, Florida, on this 24th day of October, 2024.
ELIZABETH GIBSON
Circuit Judge MURPHY and TENNIS, JJ., concur. CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing was delivered on the 24th day of October, 2024, to the following persons by U.S. Mail: Petitioner: JAQYOUNE ADAMS, #X85479, Northwest Florida Reception Center Annex, 4455 Sam Mitchell Drive, Chipley, Florida 32428-3597 Respondent: No appearance. CLERK OF COURT, SIXTH DISTRICT COURT OF APPEAL, 811 East Main Street, Lakeland, FL 33801 Megan Swain, Judicial Assistant Page 3 of3 2024-CA-009379-O