Florida/Georgia Personal Injury & Workers Compensation

Unfair Competition, Trademarks and Monopolies § 79.1 (1982). We examine each of these doctrines

...ngs and recommendations on the issues tendered by the pleadings. Sneed v. Mayo (Fla. 1953), 66 So.2d 865; Hollingshead v. Wainwright, supra. The Supreme Court, however, is not exclusively vested with jurisdiction over habeas corpus proceedings. F.S. Section 79.01, F.S.A., confers similar jurisdiction to circuit judges....

...tody and is in a position to physically produce the petitioner. Haile v. Gardner, 82 Fla. 355, 91 So. 376 (1921); Lantz v. State ex rel. Edes, 293 So.2d 118 (Fla. 3d DCA 1974); Clark v. State ex rel. Rubin, 122 So.2d 807 (Fla. 3d DCA 1960); see also § 79.01, Fla....

...Thus, since respondent clearly is entitled to relief by habeas corpus, Rule 3.850 is an appropriate vehicle for him to challenge his conviction or sentence. In so holding, we reaffirm the long-standing policy of this state, expressed in article I, section 13 of its constitution and implemented by statute, section 79.01, Florida Statutes (1985), that habeas relief shall be freely grantable of right to those unlawfully deprived of their liberty in any degree....

...custody by the Sheriff of Palm Beach County, Florida, and there be confined at hard labor for a period of Five (5) Years. * * *" Although the informal communication sent by the prisoner to one of the Justices did not conform with the requirements of section 79.01, Florida Statutes 1951, F.S.A., governing applications for writs of habeas corpus, this Court, as it has done on occasions in the past where applicants without means have suggested serious constitutional question, treated the communication as sufficient and issued the writ of habeas corpus....

...2d DCA 1999) (declining to exercise jurisdiction over habeas petition challenging constitutionality of pretrial detention under Jimmy Ryce Act where petitioners were detained in the territorial jurisdiction of the Fourth District Court of Appeal and transferring petition to the Fourth District Court); see also § 79.01, Fla....

...nviction, he has been denied due process. [5] Judge Sharp makes a good argument that habeas corpus might be appropriate in this situation. I am not concerned with a specific remedy, but only that some remedy is available to address this problem. [1] Section 79.01 Application and writ: When any person detained in custody, whether charged with a criminal offense or not, applies to the Supreme Court or any justice thereof, or to any district court of appeal or any judge thereof or to any circuit ju...

...extent or in any respect, the burning of said boat, either for the purpose of defrauding an insurer or otherwise." There were three other grounds alleged, all of which were without merit, and which will not be discussed in this opinion. The statute, Section 79.01, Florida Statutes, same F.S.A., requires that, before the writ shall issue, the petitioner shall show "probable cause to believe that he is detained in custody without lawful authority"....

...he applicant’s detention. Fla. R. Crim. P. Rule 3.850(h). 7 petitions in the proper courts, the circuit court of the county of incarceration and the district court of appeal. See Fla. Stat. Ann. § 79.01 (2009) (vesting the state supreme court, district courts of appeal, and circuit courts with concurrent original jurisdiction to issue writs of habeas corpus); see also id....

...for purposes of § 2244(d)(2). The State’s argument fails for two reasons. First, as already noted, Thompson correctly filed his 2004 and 2005 state habeas petitions in courts having jurisdiction over such petitions. See Fla. Stat. Ann. §§ 79.01, 79.09....

...According to the State, AEDPA would be similarly undermined if we allowed prisoners to toll the statute of limitations by filing applications not conforming with state law. The State asserts that, pursuant to Florida Statute 11 § 79.01, a condition to filing a state habeas petition requires that the petition demonstrate probable cause of an unlawful detention....

...Consequently, those habeas petitions were improperly filed under Pace. Any other conclusion, the State submits, would open the door to abusive delay and fail to give deference to Florida’s post-conviction laws. We disagree. Florida Statute § 79.01 provides as follows: When any person detained in custody, whether charged with a criminal offense or not, applies to the Supreme Court or any justice thereof, or to any district court of appeal or any judge thereof or to...

...m such application is made shall grant the writ forthwith, against the person in whose custody the applicant is detained and returnable immediately before any of the courts, justices, or judges as the writ directs. Fla. Stat. Ann. § 79.01....

...nded, and that hence, on these grounds, the petitioner has failed to show as a condition precedent to the issuance of the writ of habeas corpus "probable cause to believe that he is detained in custody without lawful authority"; as is required under section 79.01 , Florida Statutes 1941, F.S.A....

...ssistance of counsel. At oral argument, the respondent, for the first time, conceded that the facts set forth in Jenrette's affidavit should be accepted as true. We would have done this even in the absence of this late and begrudging concession. [6] Section 79.01, Florida Statutes (1981), expressly provides that a habeas petitioner may meet his initial burden of proof, see, e.g., Coleman v....

...Therefore, petitioner has exhausted his administrative remedies in this case. The third issue raised by the respondent is refuted by the jurat at the conclusion of Taylor's petition. The factual allegations of that petition, therefore, are accepted as true. See § 79.01, Fla....

LaROSE, Judge. Brian Clough timely appeals the post-conviction court’s order dismissing, in part, and denying, in part, his petition for a writ of habeas corpus. See § 79.01, Fla....

...Clough acknowledges the postcon-viction court’s authority to treat his petition as a rule 3.850 motion. He concedes that he was not incarcerated in the Sixth Judicial Circuit and that rule 3.850 has subsumed many of the grounds traditionally encompassed by habeas petitions. Section 79.01 provides that a “person detained in custody” may by a writ of habeas corpus show “that he or she is detained without lawful authority,” entitling him or her to immediate release....

...Wainwright, 151 So.2d 825, 827 (Fla.1963) (changing collateral-attack mechanism from habeas corpus petition to specific postconviction motion); Watts v. State, 985 So.2d 21, 22 (Fla. 2d DCA 2008). Mr. Clough also recognizes that when a petitioner improperly seeks relief under section 79.01, the postconviction court may convert the petition to a rule 3.850 motion, absent a procedural bar. See Watts, 985 So.2d at 22 ; Curtis v. State, 870 So.2d 186, 186 (Fla. 2d DCA 2004). Mr. Clough filed his petition pursuant to section 79.01....

...2d DCA 1988) appeal dismissed, 545 So.2d 1366 (Fla.1989), the trial court held that it did not have jurisdiction to "review the legality of a conviction from another circuit." We agree. Generally, a petition for writ of habeas corpus should be filed in the jurisdiction where the petitioner is incarcerated. See § 79.01, Fla....

...o which such an application in habeas corpus is made to issue the writ, making it returnable before a circuit judge, rather than to dismiss the petition without prejudice to refile in the circuit court. This is so because of the express provision of § 79.01 Fla....

...ition was improper and that he was deprived of procedural due process. Respondent argues only that petitioner failed to comply with certain procedural requirements in filing his petition, specifically: (1) failure to file an affidavit as required by Section 79.01 of Florida Statutes; (2) failure to verify the petition; (3) failure to file an appendix as provided by Rule 9.100(e), Florida Rules of Appellate Procedure; (4) failure to provide the appellate court with a transcript of the trial court...

...Appellant's argument that the trial court erroneously failed to consider his "Petition for Writ of Habeas Corpus" as a motion for post-conviction relief is without merit. The writ of habeas corpus is available only if the petitioner shows probable cause to believe that he or she is detained without lawful authority. § 79.01, Fla....

...Generally this evidence should be received in the form of documentary proof without the necessity of an evidentiary hearing ..." (e.s.) [3] Wiggins v. State, 191 So.2d 30, 34 (Ala. 1966). [4] Crane v. Hayes, 253 So.2d 435, 442 (Fla. 1971). [5] Florida Statutes, § 79.01, is, in pertinent part, as follows: "Whenever any person detained in custody ......

...In 2014, Banks filed the present “Motion to Vacate, Set Aside, or Correct Sentence, or Alternatively, Petition for ‘Common Law’ writ of habeas corpus pursuant to Florida Rule of Criminal Procedure 3.850, Article I, Section 13 of the Florida Constitution, and section 79.01 of the Florida Statutes (2013).” Banks argued that his convictions were “unlawful,” thereby causing his sentences to be illegal because the convictions violated the double jeopardy prohibitions of the Florida Constitution and t...

...tity of the petitioner after the warrant and extradition documents were offered into evidence. The state contends that it was the petitioner's burden to submit a sworn petition or affidavits, or offer evidence under oath, denying identity; and (that § 79.01, Fla....

...eas corpus are set out in chapter 79, Florida Statutes, and rule 1.630, Florida Rules of Civil Procedure. If the complaint states prima facie grounds for relief, the trial court must issue the writ, requiring a response from the detaining authority. § 79.01, Fla....

...In order to state a prima facie case for a writ of habeas corpus, the complaint must allege: 1) that the petitioner is currently detained in custody; and show 2) "by affidavit or evidence probable cause to believe that he or she is detained without lawful authority." § 79.01, Fla....

petition for writ of habeas corpus pursuant to section 79.01, Florida Statutes (2017), and section 394.459(8)

...He filed this petition for writ of habeas corpus on June 30, 2002. Clearly Bonner was not entitled to habeas corpus or mandamus relief, since he was not, nor did he allege, he was entitled to immediate release or was being held without lawful authority. See § 79.01, Fla....

...Hennig's probation, the trial court was not divested of jurisdiction to sanction Mr. Hennig for the crime to which he pleaded. Under these facts, we hold that Mr. Hennig has not established probable cause to believe that he is detained without lawful authority. See § 79.01, Fla....

...This petition for writ of habeas corpus is frivolous because it has no arguable basis in law or fact. See § 57.085(9)(a), Fla. Stat. (2009). The writ of habeas corpus is available only if the petitioner shows probable cause to believe that he or she is detained without lawful authority. § 79.01, Fla....

the cause of his imprisonment or restraint. Section 79.01, Florida Statutes. The application for the writ

...must be filed with the circuit court of the county in which the prisoner is detained."). -4- County was proper, see Clough v. State, 136 So. 3d 680, 682 (Fla. 2d DCA 2014) ("[W]hen a petitioner improperly seeks relief under section 79.01, the postconviction court may convert the [habeas] petition to a rule 3.850 motion, absent a procedural bar."); Davis v....

...If the petitioner testified truthfully at the habeas corpus hearing, it is difficult to believe that he did not deliberately misrepresent the facts to this Court in order to invoke our jurisdiction in the premises when he filed his petition for habeas corpus, sworn to as the law requires, section 79.01, Florida Statutes 1951, F.S.A., and prayed for the issuance of a writ of habeas corpus upon the facts alleged therein....

...These are obvious clerical errors and we remand for the sole purpose of correcting them. AFFIRMED; REMANDED for Clerical Correction of Sentence. PETERSON, C.J., and W. SHARP and ANTOON, JJ., concur. . §§ 893.03(2)(a)4. and 893.13(l)(a)l„ Fla. Stat. (1995). . § 79.01(2), Fla....

...It appears that the petition for writ of habeas corpus filed herein does not make a prima facie showing that the prisoner is entitled to be discharged from custody. Accordingly, the petition is denied but without prejudice to the person detained to file a new or amended petition conforming to Section 79.01, F.S.A., and clearly showing by affidavit or other evidence that the petitioner was an unmarried minor at the time of his trial and that the provisions of Section 932.38, F.S.A., were not complied with in his case....

...is court. We issued an order to show cause, and in response, the respondent indicated that there appeared to be no basis to hold the petitioner in custody. We immediately granted the writ. Both Article V, section 5(b) of the Florida Constitution and section 79.01, Florida Statutes, provide that a circuit court has concurrent jurisdiction with the district courts of appeal and the state supreme court to grant a writ of habeas corpus....

...Purdy, Public Defender, and Wilber Lee Cooke, II, Assistant Public Defender, Daytona Beach, for Petitioner. Pamela Jo Bondi, Attorney General, Tallahassee, and Caroline Johnson Levine, Assistant Attorney General, Tampa, for Respondent. PER CURIAM. Petitioner filed a petition for writ of habeas corpus pursuant to section 79.01, Florida Statutes (2017), and section 394.459(8), Florida Statutes (2017), alleging that he was unlawfully detained as the State failed to present substantial, competent evidence to justify his detention at his Baker Act hearing.1 The State properly conceded error....

...e relief sought was not immediate release from unlawful detention, but immediate deportation to Haiti. The writ of habeas corpus is available only if the petitioner shows probable cause to believe that he or she is detained without lawful authority. § 79.01, Fla....

...(1989). Unless the natural mother can establish at this late date a justiciable claim which would permit her to override the order of permanent commitment and the judgment of adoption, i.e., unless there is a legal obligation to issue a writ pursuant to section 79.01, Florida Statutes (1989), there may be no need to disclose the identity of the adoptive parents....

them bond, as the circumstances might suggest. Section 79.-01, Florida Statutes, F.S.A., governing applications

...Appellant’s motion for rehearing was denied. If a complaint—or, as in this case, a petition—for a writ of habeas corpus states prima facie grounds for relief, the trial court must issue the writ, requiring a response from the detaining authority. § 79.01, Fla....

...1.630(d)(4) and (e). To show a prima facie case for a writ of habeas corpus, the petitioner must allege (1) that the petitioner is currently detained in custody; and show (2) “by affidavit or evidence probable cause to believe that he or she is detained without lawful authority.” § 79.01, Fla....

...cuit courts. Art. V, § 7(b), Fla. Const. Likewise, Chapter 79 allows a person in detention to seek a writ of habeas corpus from the supreme court, any district court of appeal, or any circuit court, but provides no such authority to a county court. § 79.01, Fla.Stat....

...The sentence of one year on each count running consecutively was well within th£ maximum allowed by Sections 831.01 and 831.02, supra, as they were in effect at the time of the commission of the offenses. The petitioner, therefore, has no basis for complaint. We think it appropriate to remind that Section 79.01, Florida Statutes, F.S.A., requires that an applicant for a writ of habeas corpus “show by affidavit or evidence” probable cause to believe that his restraint is illegal....

See Porter v. Porter, 60 Fla. 407, 53 So. 546; § 79.01, Fla.Stat., F.S.A. The rule, as I understand it

39A C.J.S. Habeas Corpus § 168(c) (1976). And § 79.01, Fla.Stat., requires that such a petition shall

...Blackburn, supra), yet such recitals are sufficient for extradition in the absence of any sufficient evidence to the contrary, certainly upon failure of the person named in said warrant to offer any contrary or contradicting proof whatever, as here. Section 79.01, Florida Statutes, F.S.A., imposes the burden upon any person applying for a writ of habeas corpus to “show by affidavit or evidence probable cause to believe that he is detained in custody without lawful authority.”' But in the ins...

...hroughout the state). Accordingly, while the trial *1181 court’s order denying the writ of habeas corpus went into great detail and addressed matters beyond the scope of whether Bradford is being detained by the State without lawful authority (see § 79.01, Fla....

as *560such. First, it did not comply with section 79.01, Florida Statutes (1983), as there was no showing

...The trial court dismissed the petition, concluding that the defendant failed to serve his petition on the State within 120 days of filing, as mandated by Florida Rule of Civil Procedure 1.070. However, the defendant's petition was properly filed pursuant to the provisions of section 79.01of the Florida Statutes (2015), and rule 1.630 of the Florida Rules of Civil Procedure (2015)....

Porter, 60 Fla. 407, 53 So. 546 (1910). See Section 79.01, Florida Statutes (1979). An analogous construction

...relief” to be an appealable final order. On appeal, Appellant argues that the circuit court’s dismissal must be reversed because his complaint stated a cause of action and required the court to issue a writ requiring the Department to respond. See § 79.01, Fla....

...1st DCA 2011): In order to state a prima facie case for a writ of habeas corpus, the complaint must allege: 1) that the petitioner is currently detained in custody; and show 2) “by affidavit or evidence probable cause to believe that he or she is detained without lawful authority.” § 79.01, Fla. Stat....