FLORIDA PAROLE AND PROBATION COMMISSION, APPELLANT,
v.
WILLIAM ROBERT BAKER, APPELLEE
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The Florida Parole and Probation Commission's appeal was granted, reversing the circuit court's habeas corpus order releasing Baker, because res judicata barred the second petition on identical grounds already denied by the appellate court.
A petitioner may not file successive, repetitious habeas corpus petitions on the same subject matter in multiple courts, and res judicata bars the second petition.
[1] A petitioner is barred by res judicata from filing successive habeas corpus petitions on identical subject matter in different courts, even if the second petition was mai…
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Join FLexlaw to unlock all legal intelligence“It is well established that a petitioner may not have three direct, repetitious applications for habeas corpus available to him upon the same subject matter.”
Court's statement of established law regarding multiple habeas corpus petitions on identical grounds.
Baker filed a habeas corpus petition in the appellate court on April 20, 1976, which was denied; he then filed an identical petition in the circuit co…
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HOBSON, Acting Chief Judge.
Appellant appeals an order of the circuit court granting appellee’s petition for writ of habeas corpus and ordering his release.
Prior to appellee filing his petition for writ of habeas corpus in the circuit court, he filed a petition for writ of habeas corpus in this court alleging the identical facts as alleged in his petition in the circuit court. This court, on April 20, 1976, denied his petition. On April 21st he filed a petition for rehearing which this court denied on May 13, 1976.
The petition filed in the circuit court was mailed on April 26, 1976 and received on May 5, 1976, both dates being prior to this court’s denial of his petition for rehearing.
The circuit, district and supreme courts have concurrent jurisdiction in habe-as corpus.1 It is well established that a petitioner may not have three direct, repetitious applications for habeas corpus available to him upon the same subject matter.2 The two petitions both involve the same subject matter and, in fact, the petition filed in the circuit court was filed prior to this court’s denial of appellee’s petition for rehearing.
For the reasons stated above we hold that the defense of res judicata is established on this record.
The order appealed granting the writ of habeas corpus and ordering appellee released is hereby reversed and the cause remanded.
McNULTY and OTT, JJ., concur. . Florida Constitution, Art. V, §§ 3, 4 and 5.
. State ex rel. Miller v. Kelly, 88 So. 2d 118 (Fla.1956) and State ex rel. Scaldeferri v. Sandstrom, 285 So. 2d 409 (Fla.1973).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hampesle Lee Johnson, Sr. v. State, 390 So. 2d 1234 (Fla. 5th DCA 1980)…e matter to successive courts. State ex rel. Scaldeferri v. Sandstrom, 285 So. 2d 409 (Fla.1973); Lamberti v. Wainwright, 284 So. 2d 202 (Fla.1973); Mitchell v. Wainwright, 155 So. 2d 868 (Fla.1963); Florida Parole and Probation Commission v. Baker, 346 So. 2d 640 (Fla. 2d DCA 1977). The petitioner also files a motion for an appeal bond citing Rule 3.820(b), Florida Rules of Criminal Procedure. However, that rule relates to bail pending a review of a decision discharging a prisoner on habeas corpus and in th…
Authorities Cited
- State of Fla. ex rel. William Scaldeferri v. Sandstrom, 285 So. 2d 409 (Fla. 1973)
- State of Fla. ex rel. Rose Miller v. Kelly, 88 So. 2d 118 (Fla. 1956)