GLENWOOD HARRISON
v.
MATTHEW WALSH, INTERIM CLAY COUNTY SHERIFF
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The First District Court of Appeal of Florida dismissed a petition for a writ of habeas corpus as moot because the petitioner was no longer in custody on the charge that formed the basis of the petition. The court noted that the petitioner had pleaded no contest, was adjudicated guilty, and had already served his sentence.
Yes, a petition for a writ of habeas corpus should be dismissed as moot when the petitioner is no longer in custody on the charge that gave rise to the petition.
[1] A habeas corpus petition becomes moot and is subject to dismissal when the petitioner is no longer in custody on the charge that gave rise to the petition.
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Join FLexlaw to unlock all legal intelligence“Because the petitioner no longer is in custody on the charge that gave rise to his habeas petition, we dismiss it as moot.”
This quote states the court's direct reason for dismissing the petition.
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Join FLexlaw to unlock all legal intelligenceThe petitioner filed a petition for a writ of habeas corpus. The respondent filed an appendix in response to a show-cause order. This appendix indicat…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA _____________________________
No. 1D20-1840 _____________________________
GLENWOOD HARRISON,
Petitioner,
v. MATTHEW WALSH, Interim Clay County Sheriff,
Respondent.
_____________________________
Petition for Writ of Habeas Corpus—Original Jurisdiction.
September 3, 2020 PER CURIAM.
The appendix filed in response to this court’s June 22, 2020, show-cause order indicates that the petitioner pleaded no contest to a misdemeanor charge, was adjudicated, and received a time- served county jail sentence. Because the petitioner no longer is in custody on the charge that gave rise to his habeas petition, we dismiss it as moot.
DISMISSED.
B.L. THOMAS, WINOKUR, and TANENBAUM, JJ., concur.
2
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________
Charles Cofer, Public Defender, and Andy Rippeon, Assistant Public Defender, Green Cove Springs, for Petitioner. Ashley Moody, Attorney General, and Trisha Meggs Pate, Bureau Chief, Tallahassee, for Respondent.