JOHN MICHAEL FERENC, APPELLANT,
v.
RODNEY B. THURSBY, AS SHERIFF OF VOLUSIA COUNTY, FLORIDA, APPELLEE
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This case involves an appeal from a denial of a petition for a writ of habeas corpus. The appellate court granted the state's motion to quash the appeal, finding it frivolous because habeas corpus cannot be used to test the legality of an arrest before trial.
No, habeas corpus proceedings will not lie to test the sufficiency of a prisoner's arrest prior to trial.
“habeas corpus proceedings will not lie to test the sufficiency of a prisoner's arrest prior to trial on the offense charged following said arrest.”
Establishes the core legal principle the court relied upon.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe appellant filed a petition for a writ of habeas corpus in the Circuit Court, which was denied. The appellant then appealed this denial. The State …
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ON MOTION TO QUASH APPEAL
The State has filed a motion to quash this appeal taken from an order denying appellant’s petition for a writ of habeas corpus filed in the Circuit Court in and for Volusia County.
The ground for the State’s motion to quash the appeal is that same is frivolous in that the law is clear that habeas corpus proceedings will not lie to test the sufficiency of a prisoner’s arrest prior to trial on the offense charged following said arrest.
We have examined the allegations of the petition, the denial of which is the subject of the instant appeal. Such examination sustains the State’s contention that its sole purpose is to test the legality of the appellant’s arrest and that appellant’s appeal from the Circuit Court’s order of dismissal is frivolous and interposed solely for the purpose of delay. Since it is quite clear that while the illegality of an arrest may be the proper subject of appellate review, habeas corpus proceedings prior to trial are unavailable to test the legality of the arrest. A habeas corpus proceeding is not a substitute for the adequate remedy of appeal. See Buchanan v. State ex rel. Morris, 167 So.2d 43 (Fla.App.3d 1964).
The State’s motion to quash this appeal is granted.
WIGGINTON, Chief Judge, CARROLL, DONALD K., and SPECTOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Nelson v. State, 406 So. 2d 539 (Fla. 4th DCA 1981)…Hargrave v. Wainwright, 388 So. 2d 1021 (Fla. 1980). Appellant indicates in his brief that the time for appeal from his conviction has not ripened. If that be the fact, then the rule we rely on applies with even greater force. See Ferenc v. Thursby, 212 So. 2d 887 (Fla. 1st DCA 1968). AFFIRMED. LETTS, C. J., and HERSEY and GLICK-STEIN, JJ., concur.…
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Curry v. Hadi, 903 So. 2d 242 (Fla. 2d DCA 2005)…as corpus petition. See Anderson v. Chapman, 109 Fla. 54, 146 So. 675 (1933) (indicating that habeas corpus relief is generally not available for error or mistake in judgment or sentence which might have been corrected on appeal); Ferenc v. Thursby, 212 So. 2d 887, 887 (Fla. 1st DCA 1968) (“A habeas corpus proceeding is not a substitute for the adequate remedy of appeal.”). Accordingly, we affirm the dismissal of Curry’s petition. ALTENBERND, C.J., and WHATLEY, J., Concur. . §§ 394.910-394.931, Fla. Stat.…
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Ferenc v. Thursby, 219 So. 2d 701 (Fla. 1968)…Certiorari denied without opinion. 212 So. 2d 887.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Buchanan v. State of Fla. ex rel. Morgan D. Morris, 167 So. 2d 43 (Fla. 3d DCA 1964)