STATE OF FLORIDA EX REL. LOUIE L. WAINWRIGHT, RELATOR,
v.
CHARLES R. HOLLEY, AS CIRCUIT JUDGE OF THE SIXTH JUDICIAL CIRCUIT, PINELLAS COUNTY, FLORIDA, RESPONDENT; STATE OF FLORIDA, PETITIONER, V. JOHN ANDERSON, JR., RESPONDENT

Fla. 2d DCA | 1970-04-17
Nos. 69-654, 69-500
PIERCE, J., concurs., McNULTY, J., concurs in conclusion only.
234 So. 2d 409 Florida District Court of Appeal, Second District (1970) Positive Treatment
Cited by 31 cases

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.

Synopsis

The State of Florida challenged a circuit court order requiring delivery of a parolee to the Sheriff of Pinellas County after the parolee filed a petition for writ of injunction challenging parole revocation proceedings. The court held that the circuit court lacked venue to hear the petition because habeas corpus petitions must be filed in the county where the prisoner is detained, not where the alleged injury occurred.


Holding

The circuit court lacked venue to issue the order. A petition for habeas corpus challenging post-conviction errors must be filed in the circuit court of the county where the prisoner is detained, not in the county where the alleged injury occurred or where other events transpired. Because Anderson was detained in Union County when he filed his petition, only the Union County circuit court had authority to hear it.


Headnotes

[1] A petition filed under Rule 1.850, CrPR, challenging post-conviction errors must be treated as a petition for writ of habeas corpus.

[2] An application for a writ of habeas corpus must be filed with the circuit court of the county in which the prisoner is detained.

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

Key Quotes

“Habeas corpus, and not a motion under Rule 1.850, is the proper method for challenging such post-conviction errors.”

Establishes that Anderson's petition, regardless of how titled, must be treated as habeas corpus for purposes of determining proper venue and procedure.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

John Anderson, Jr., a parolee, was arrested in Pinellas County on aggravated assault charges that were dropped. Following this incident, the Florida P…

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.


Opinion of the Court
LILES, Acting Chief Judge.

LILES, Acting Chief Judge.

Respondent, John Anderson, Jr., was convicted of the crime of robbery and sentence was imposed. Thereafter, he was granted parole. While in this status, Anderson was arrested in Pinellas County, Florida, and charged with aggravated assault; but the charges were dropped when the state attorney declined to file an information. As a result of this incident, Anderson was arrested and charged with *410parole violation and transported to Tallahassee, Florida, for the duration of a hearing on this matter. The Florida Parole and Probation Commission revoked Anderson’s probation, and he was transferred to the custody of the Division of Corrections of the State of Florida in Union County, Florida. While in Union County, Anderson filed a “Petition for Writ of Injunction,” pursuant to Article V, Sections 3 and 5, of the Florida Constitution, F.S.A., and Rule 1.850, CrPR, 33 F.S.A., in the Circuit Court of Pinellas County. The relief sought by Anderson in this petition was with respect to the proceedings and order of the Florida Probation and Parole Commission. Pursuant to this petition, an order was entered by the Circuit Court for Pinellas County, Florida, compelling the relator to deliver Anderson to the Sheriff of Pinellas County.

The petitioner, the State of Florida, filed with this court a petition' for writ of cer-tiorari to the circuit court seeking review of this order. But in the meanwhile, Anderson, who had been delivered to the Sheriff of Pinellas County, filed a petition for writ of habeas corpus in the circuit court; and after a hearing on the matter, an order to show cause why Anderson should not be released was issued to the relator herein. A suggestion for writ of prohibition was filed in this court by the relator as a result of the order, which we granted and issued a rule nisi. The two cases have been consolidated on appeal.

The thrust of the arguments of petitioner and relator in challenging the above orders of the trial court is that the circuit court was without jurisdiction to enter the order compelling Anderson to be delivered to the Sheriff of Pinellas County. While the matter is not jurisdictional in nature, see Baggett v. Wainwright, Fla.1969, 229 So.2d 239, 243, petitioner has timely challenged the venue of the circuit court in this matter. Therefore, if the venue is improper, the relief sought by petitioner and relator must be granted.

Anderson’s “Petition for Writ of Injunction,” although filed pursuant to Rule 1.850, CrPR, must be treated as a petition for writ of habeas corpus. Habeas corpus, and not a motion under Rule 1.850, is the proper method for challenging such post-conviction errors. See Powe v. State, Fla.1968, 216 So.2d 446. This was implicitly acknowledged by Anderson’s later filing of a petition for a writ of habeas corpus while incarcerated in Pinellas County. Thus this “Petition for Writ of Injunction” must be treated as a petition for writ of habeas corpus. As such, Fla. Stat.1967, § 79.09, F.S.A., clearly imposed the venue requirement that in cases before a circuit judge, the application for a writ must be filed with the circuit court of the county in which the prisoner is detained. Baggett v. Wainwright, Fla.1969, 229 So.2d 239, 243. Since respondent Anderson was detained in Union County, Florida, at the time of the filing of his “Petition for Writ of Injunction,” the Circuit Court of Pinel-las County was without authority to issue the order responding to this petition.

For these reasons, the petition for writ of certiorari in Case No. 69-500 is hereby granted and the order of the trial judge compelling the relator to deliver Anderson to the Sheriff of Pinellas County is quashed. The rule nisi issued in Case No. 69-654 is hereby made absolute.

PIERCE, J., concurs.

McNULTY, J., concurs in conclusion only.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (16 total)

  • Crane v. Hayes, 253 So. 2d 435 (Fla. 1971)
    …fect as such where justice and the circumstances so required. See Collins v. State, 230 So. 2d 711 (Fla.App.4th 1970), appeal treated as petition for writ; Rushing v. State, 233 So. 2d 137 (Fla.App.3rd, 1970); and State ex rel. Wainwright v. Holley, 234 So. 2d 409 (Fla.App.2d, 1970), motions for post-conviction relief treated as petitions for writs of ha-beas corpus. As these cases all show, the issue of importance is whether the petitioner has shown a right to relief, in the nature of habeas corpus, and not…
  • Earnest James Finley v. State, 394 So. 2d 215 (Fla. 1st DCA 1981)
    …that it was legally insufficient on its face. The Circuit Court properly denied the petition for habeas corpus for two reasons. First, the Circuit Court was without authority to issue the writ of habeas corpus. State ex rel. Wainwright v. Holley, 234 So. 2d 409 (Fla. 2d DCA 1970); Ruiter v. Wainwright, 249 So. 2d 67 (Fla. 2d DCA 1971). Section 79.09, Fla.Stat. (1979), requires that a petition for habeas corpus before a circuit court must be filed with the circuit court of the county in which the prisoner i…
  • State v. Sampson, 297 So. 2d 120 (Fla. 4th DCA 1974)
    …onal Institution. The proper method for challeng [*122] ing such order is by habeas corpus which must be filed with the Circuit Court of the County in which the prisoner is detained. Fla.Stat.1967 F.S.A., § 79.09; State ex rel. Wainwright v. Holley, 234 So. 2d 409 (Fla.App.2nd 1970). Respondent, at the time her counsel petitioned the Circuit Court of the Fifteenth Judicial Circuit for appointment as Special Assistant Public Defender and for Respondent’s return to the Fifteenth Judicial Circuit, was detained a…

Previewing 3 of 16 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw