Florida Rule of Criminal Procedure 3.820 - HABEAS CORPUS | Syfert Law

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Florida Rule of Criminal Procedure 3.820

RULE 3.820. HABEAS CORPUS

(a) Custody Pending Appeal of Order of Denial. When a
defendant has been sentenced, and is actually serving the sentence,
and has not appealed from the judgment or sentence, but seeks a
release from imprisonment by habeas corpus proceedings, and the
writ has been discharged after it has been issued, the custody of
the prisoner shall not be disturbed, pending review by the appellate
court.

(b) Custody Pending Appeal of Order Granting. Pending
review of a decision discharging a prisoner on habeas corpus, the
prisoner shall be discharged on bail, with sureties to be approved as
other bail bonds are approved for the prisoner’s appearance to
answer and abide by the judgment of the appellate court.

Committee Notes

1968 Adoption. Same as section 922.03, Florida Statutes.
1972 Amendment. Same as prior rule, but some terminology
has been changed.

XVI. CRIMINAL CONTEMPT

Cases Citing Rule 3.820

Total Results: 4

In Re Florida Rules of Criminal Procedure

272 So. 2d 65

Supreme Court of Florida | Filed: Jan 29, 1973 | Docket: 1755077

Cited 102 times | Published

to the court. Committee Note: Same as prior rule. 3.820. HABEAS CORPUS; CUSTODY PENDING APPEAL. (a)

Category: Criminal Procedure

State v. Terry

336 So. 2d 65

Supreme Court of Florida | Filed: Apr 22, 1976 | Docket: 2521736

Cited 30 times | Published

770 Rule 3.790 Rule 3.800 Rule 3.810 Rule 3.820 Rule 3.840 NOTES [1] The rule decided in Johnson

Category: Criminal Procedure

In Re Amend. to Fla. Rules of Cr. Proc.

606 So. 2d 227, 1992 WL 246494

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 2191048

Cited 9 times | Published

order dissolving the stay of execution. *336 RULE 3.820. HABEAS CORPUS; CUSTODY PENDING APPEAL (a) Custody

Category: Criminal Procedure

Johnson v. State

390 So. 2d 1234

District Court of Appeal of Florida | Filed: Dec 10, 1980 | Docket: 1504319

Cited 3 times | Published

also files a motion for an appeal bond citing Rule 3.820(b), Florida Rules of Criminal Procedure. However

Category: Criminal Procedure