STATE OF FLORIDA, PETITIONER,
v.
RICHARD ALLEN HILL, RESPONDENT
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The court held that a motion for discharge filed before an information is a nullity and that habeas corpus is not the proper vehicle to raise issues that should be addressed at trial.
Defendant was arrested and charged with resisting arrest with violence. He filed a motion for speedy trial before an information was filed, which the …
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ANDERSON, Circuit Judge:
The Defendant, Richard Allen Hill, was arrested on August 13, 1973, charged with resisting arrest with violence. An information charging this offense was filed on August 22, 1973.
On August 14, 1973, the Defendant filed a Motion for Speedy Trial. On October 17, 1973, the Defendant filed a motion to Discharge which was heard by the trial judge on October 31, 1973. The trial judge granted the motion. An appeal was taken by the State to the District Court of Appeal, First District, which reversed the trial judge, holding the motion for speedy trial filed prior to the filing of an information was a nullity and should have been disregarded by the trial court citing authorities including State ex rel. Hanks v. Goodman, Sup.Ct. Fla.1971, 253 So. 2d 129; State ex rel. Butler v. Cullen, Sup.Ct.Fla.1971, 253 So. 2d 861.
With this conclusion we agree.
However, the District Court next held that it would treat Petitioner’s Motion for Discharge as an Application for Ha-beas Corpus relief, granted that relief and affirmed the trial court’s Order forever discharging the Defendant from the crime charged. This portion of the District Court’s Order conflicts with this Court’s holding in Sangaree v. Hamlin, 235 So. 2d 729 (Fla.1970) which was an original proceeding seeking a Writ of Habeas Corpus in which the Court held:
“The delay between an arrest without warrant and the appointment of counsel could have an important bearing upon the admissibility of an ad interim confession. The questions raised by the Petition for Writ of Habeas Corpus are more appropriately raised during the trial of the case for review upon appeal in the event of a verdict adverse to the petitioner.”
Accordingly that part of the District Court’s Order which grants habeas corpus relief is quashed.
ADKINS, C. J., ROBERTS and OVER-TON, JJ., and SIEGENDORF and WILLIS, Circuit Court Judges, concur. McCAIN, J., dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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State v. Humphrey, 363 So. 2d 392 (Fla. 1st DCA 1978)…mand for speedy trial entitling defendant to discharge under Rule 3.191(a)(2). State v. Gravlee, 276 So. 2d 480 (Fla.1973); State ex rel. Hanks v. Goodman, 253 So. 2d 129 (Fla.1971); State v. Hill, 299 So. 2d 625 (Fla. 1st DCA 1974), quashed in part 313 So. 2d 766 (Fla.1975). Accordingly, the order discharging defendant under the speedy trial rule is reversed and the cause remanded for further proceedings consistent herewith. McCORD, C. J., and MILLS and BOYER, JJ., concur.…
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State v. Lazarre, 906 So. 2d 314 (Fla. 4th DCA 2005)…emphasis added). Lazarre’s demand for speedy trial was filed on January 9, 2004, three months before the information was filed. Therefore, it was a nullity and did not commence the running of the speedy trial time under rule 3.191(b). State v. Hill, 313 So. 2d 766 (Fla.1975); State ex. rel. Hanks v. Goodman, 253 So. 2d 129 (Fla.1971); Branam, 434 So. 2d at 950 (Fla. 2d DCA 1983); State v. Gravlee, 276 So. 2d 480 (Fla.1973); Smith v. State, 444 So. 2d 542 (Fla. 1st DCA 1984), receded from on other grounds by H…
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State v. Gundell, 315 So. 2d 450 (Fla. 1975)…construing the so-called “speedy trial” rule set forth in Rule 3.191(a)(2), Florida Rules of Criminal Procedure, and exercising the power of habeas corpus. We accepted jurisdiction based on direct conflict with our recent decision in State v. Hill, 313 So. 2d 766, filed on March 19, 1975. Our opinion in Hill quashed a district court decision on which the lower court here relied.1 Our decision in Hill governs this proceeding in all respects, and the cause is remanded for further proceedings consistent with o…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State of Fla. ex rel. Isaac Don Butler & Gerald Nickles v. Honorable Ralph O. Cullen, 253 So. 2d 861 (Fla. 1971)
- State of Fla. ex rel. Terry Michael Hanks & Rudolph Frank Seymour v. The Honorable Murray Goodman, 253 So. 2d 129 (Fla. 1971)
- Sangaree v. Hamlin, 235 So. 2d 729 (Fla. 1970)