ROBERT L. RUITER, PETITIONER,
v.
LOUIE L. WAINWRIGHT ETC., RESPONDENT
Ruiter’s petition for writ of habeas corpus alleges wrongful denial of counsel at parole revocation hearing. See Fla.Stat. §§ 947.21-23 (1969) F.S.A. Cf. § 948.06. He relies on Mempa v. Rhay, 1967, 389 U.S. 128, 88 S.Ct. 254, 19 L.Ed.2d 336. Cf. Morrissey v. Brewer, 8th Cir. 1971, 443 F.2d 942; Rose v. Haskins, 6th Cir. 1968, 388 F.2d 91; Hahn v. Burke, 7th Cir. 1970, 430 F.2d 100.
The petition should have been filed in the Circuit Court for Union County, in which Ruiter is in custody. Fla.Stat. § 79.09 (1969), F.S.A.; State ex rel. Wainwright v. Holley, Fla.App.2d 1970, 234 So.2d 409.
Petition denied without prejudice.
PIERCE, C. J., and LILES, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Alachua Reg'l Juv. Detention Ctr. v. T.O., 684 So. 2d 814 (Fla. 1996)…likelihood of recurrence. Id. at 245. If a prisoner files a habeas corpus petition in circuit court, the petition must be filed in the circuit court of the county in which the prisoner is detained. § 79.09, Fla. Stat. (1995); Ruiter v. Wainwright, 249 So. 2d 67 (Fla. 2d DCA 1971). No similar statutory requirement is imposed on the district courts of appeal. Nevertheless, it appears that a district court of appeal does not have the constitutional power to issue a writ directed to a person outside the distri…
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Earnest James Finley v. State, 394 So. 2d 215 (Fla. 1st DCA 1981)…uit 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 is detained. Since appellant was detained in Highlands Co…
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Collins v. State, 859 So. 2d 1244 (Fla. 5th DCA 2003)…on in circuit court, the petition must be filed in the circuit court of the county in which the prisoner is detained.” Alachua Reg’l Juvenile Det. Ctr. v. T.O., 684 So. 2d 814, 816 (Fla.1996) (citing § 79.09, Fla. Stat. (1995); Ruiter v. Wainwright, 249 So. 2d 67 (Fla. 2d DCA 1971)). “Moreover, the proper respondent in a habeas corpus petition is the party that has actual custody and is in a position to physically produce the petitioner.” T.O., 684 So. 2d at 816 (citations omitted). Hence, the general rule i…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mempa v. Rhay, 389 U.S. 128 (U.S. 1967)
- Rose v. Haskins, 388 F.2d 91 (6th Cir. 1968)
- Hahn v. Burke, 430 F.2d 100 (7th Cir. 1970)
- State of Fla. ex rel. Louie L. Wainwright v. Holley, 234 So. 2d 409 (Fla. 2d DCA 1970)
- Morrissey v. Lou V. Brewer, 443 F.2d 942 (8th Cir. 1971)