CopyCited 80 times | Published | Supreme Court of Florida | 2006 WL 3741041
...5th DCA 2004) (stating that venue lies in Leon County); but see Johnson v. State,
765 So.2d 310, 310 (Fla. 5th DCA 2000) (stating that venue lies in the county where the prisoner is housed). [8] In contrast, habeas petitions are specifically addressed by statute. See §
79.09, Fla....
...d) (quoting Thornber v. City of Fort Walton Beach,
568 So.2d 914, 918 (Fla.1990)). [11] As for the proper venue for other remedies: a rule 3.800 or 3.850 motion is properly filed in the sentencing court, see Burgess,
870 So.2d at 220 n. 5; and under section
79.09, a habeas petition filed in circuit court alleging entitlement to immediate release "shall be filed with the clerk of the circuit court of the county in which the prisoner is detained." See §
79.09, Fla....
CopyCited 65 times | Published | Supreme Court of Florida
...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. Nevertheless, F.S. Section
79.09, F.S.A., imposes the venue requirement that in cases before a circuit judge the application for the writ shall be filed with the circuit court of the county in which the prisoner is detained....
CopyCited 43 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2713557
...In 1879, these statutes were amended to specify that in cases before the circuit court, the petition for writ of habeas corpus "shall be filed with the Clerk of the Circuit Court of the county in which the prisoner is detained." See ch. 3129, § 8. This provision remains unchanged today as section 79.09, Florida Statutes (2006)....
...nviction in the court that tried the criminal case, thus replacing the use of the writ of habeas corpus for most of these types of claims. Though prisoners filing habeas petitions in the circuit court are subject to the jurisdictional requirement of section 79.09, there is no counterpart to that statute for petitions seeking habeas corpus relief from the district courts of appeal or from the supreme court....
...However, for the district courts of appeal the absence of such a statute initially created a degree of confusion. In T.O. and Murray v. Regier,
872 So.2d 217 (Fla.2002), the supreme court created rules governing the district courts that are comparable to the policy established in section
79.09....
...Rule 3.850(h) expressly recognizes that the writ remains available for the rare case in which a prisoner has been provided no adequate or effective way to test the legality of his or her "detention" despite the procedures in rule 3.850. This provision, however, does not overrule the jurisdictional language of section 79.09. We conclude that neither the supreme court nor the legislature has recognized an exception to section 79.09 that would authorize a prisoner to file a petition for a writ of habeas corpus in the court that entered the criminal judgment when the prisoner is housed in another circuit....
...*323 (requiring that no cause shall be dismissed because an improper remedy has been sought and requiring the supreme court to implement rules to transfer matters filed in the wrong court). [6] Thus, the above-cited case law suggesting an exception to the jurisdictional requirement of section 79.09 invariably seems to resolve the case by properly treating the petition as if it were a motion under rule 3.850....
CopyCited 34 times | Published | Florida 5th District Court of Appeal | 2006 WL 140403
...ismissal. Treating the petition as a rule 3.850 motion and deciding the issues on the merits based on attendant hearings before the trial court is indeed a waste of valuable judicial resources. AFFIRMED. GRIFFIN and TORPY, JJ., concur. NOTES [1] See § 79.09, Fla....
CopyCited 34 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 18398, 2009 WL 4282285
...Doby's claim as untimely, successive, and an abuse of process. We write only to clarify the reasons Mr. Doby's petition was correctly treated as a postconviction motion filed under rule 3.850. A petition for a writ of habeas corpus is to be filed in the circuit where the prisoner is detained. § 79.09, Fla....
CopyCited 32 times | Published | Supreme Court of Florida | 1996 WL 726865
...However, the First District certified the above question to this Court due to the 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....
CopyCited 27 times | Published | Florida 5th District Court of Appeal | 1996 WL 237709
...the issues had already been addressed and rejected in prior rules 3.850 [1] and *172 3.800(a) [2] proceedings. The trial court was correct that habeas corpus relief is not available in Orange County since Mr. Raley is incarcerated in Volusia County. Section 79.09, Florida Statutes (1993), requires that petitions for habeas corpus be filed with the clerk of the court in the county where the defendant is detained....
CopyCited 22 times | Published | Florida 2nd District Court of Appeal | 2003 WL 22012691
...T.O.,
684 So.2d 814, 816 (Fla.1996). Because it is not a requirement that the prisoner be physically produced in a mandamus proceeding, the reasoning in habeas cases does not apply to writs of mandamus. Moreover, habeas petitions are governed by chapter 79, Florida Statutes. Section
79.09, Florida Statutes (2001), provides that "[b]efore a circuit judge the petition and the papers shall be filed with the clerk of the circuit court of the county in which the prisoner is detained." There is no comparable provision pertaining to mandamus relief....
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 2003 WL 22681773
...that "[i]f 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." Alachua Reg'l Juvenile Det. Ctr. v. T.O.,
684 So.2d 814, 816 (Fla.1996) (citing §
79.09, Fla....
CopyCited 13 times | Published | Florida 1st District Court of Appeal
...The Circuit 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....
CopyCited 10 times | Published | Court of Appeals for the Eleventh Circuit | 2010 U.S. App. LEXIS 1837, 2010 WL 298034
...carceration 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. §
79.09 (requiring a
habeas petition filed before a circuit judge to be filed in the circuit court of the
county in which the prisoner is detained)....
...es 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....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1997 Fla. App. LEXIS 8824, 1997 WL 433940
...Appellant, claiming that there was insufficient evidence to support the revocation of his parole, filed a petition for writ of habeas corpus in the Circuit Court for the Tenth Judicial Circuit in Polk County. This was the proper venue, as appellant was incarcerated in Polk County. § 79.09, Fla....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1989 WL 72729
...Robert A. Butterworth, Atty. Gen., and Richard E. Doran, Asst. Atty. Gen., for appellee. BARFIELD, Judge. The circuit court properly denied appellant's petition for writ of habeas corpus because it did not have the authority to issue the writ under section 79.09, Florida Statutes (1987)....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2002 WL 21707
...[4] Although we do not issue the requested writ of habeas corpus in this case, we note that because Jackson is confined in DeSoto County, which is within the territorial jurisdiction of this court, we have the constitutional authority to address the relief sought by him. See § 79.09, Fla....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2003 WL 1738429
...denied,
639 So.2d 976 (Fla. 1994), vacated,
514 U.S. 1094,
115 S.Ct. 1819,
131 L.Ed.2d 742 (1995), reinstated,
657 So.2d 67 (Fla. 1st DCA), cert. denied,
516 U.S. 996,
116 S.Ct. 533,
133 L.Ed.2d 438 (1995); Young v. Simmons,
506 So.2d 434 (Fla. 2d DCA 1987); §
79.09, Fla....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal
...This was implicitly acknowledged by Anderson's later filing of a petition for a writ of habeas corpus while incarcerated in Pinellas County. Thus this "Petition for Writ of Injunction" must be treated as a petition for writ of habeas corpus. As such, Fla. Stat. 1967, § 79.09, F.S.A., clearly imposed the venue requirement that in cases before a circuit judge, the application for a writ must be filed with the circuit court of the county in which the prisoner is detained....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2000 WL 1268826
...ion to consider the petition and that a remand would essentially be "moot." The State's argument is technically incorrect. Although a petition for habeas corpus must be filed with the clerk of the court in the county where the defendant is detained, § 79.09, Fla....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1994 Fla. App. LEXIS 317, 1994 WL 11628
...The proper method for challenging an order of the Parole and Probation Commission when revoking parole is by a petition for writ of habeas corpus filed in the county in which the prisoner is detained. Young v. Simmons,
506 So.2d 434, 435 (Fla.2d DCA 1987); §
79.09, Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal
...s, but it is deemed adequate to allow for understanding and disposition of the dispute. We begin by declaring that the father's petition for a writ of habeas corpus should have been brought in Broward County rather than in Orange where it was filed. Section 79.09 of the Florida Statutes (1977) provides for a filing of such a petition "with the clerk of the circuit court of the county in which the prisoner is detained" (emphasis supplied), yet the petition filed failed to allege that the child was within the confines of Orange County and in fact he was not within it....
...McDonald,
206 So.2d 407 (Fla.4th DCA 1968); State v. Anderson,
164 So.2d 265 (Fla.2d DCA 1964); State v. Heffernan,
128 So.2d 892 (Fla.3d DCA 1961). We have not overlooked the Florida case of State ex. rel . Wainwright v. Holley, supra, which suggests by way of dicta that Section
79.09 is only a venue statute....
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...lease and returning her to the Lowell Correctional Institution. The proper method for challenging *122 such order is by habeas corpus which must be filed with the Circuit Court of the County in which the prisoner is detained. Fla. Stat. 1967 F.S.A., § 79.09; State ex rel....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1998 WL 764131
...y. "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." Alachua Regional Juvenile Detention Ctr. v. T.O.,
684 So.2d 814, 816 (Fla.1996); see §
79.09, Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1999 WL 982976
...[1] While the circuit court could have dismissed the petition, even if treated as a habeas corpus petition, on grounds that appellant should have filed the petition in the Tenth Judicial Circuit where he is incarcerated, rather than the Second Judicial Circuit where the petition was actually filed, see § 79.09, Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2008 WL 1884045
...Hillsborough County. "[A] habeas petition filed in circuit court alleging entitlement to immediate release `shall be filed with the clerk of the circuit court of the county in which the prisoner is detained.'" Bush,
945 So.2d at 1213 n. 11 (quoting §
79.09, Fla....
...Vierra was incarcerated in Pasco County the Hillsborough County court should have transferred the petition to the circuit court in Pasco County without consideration of the petition's facial sufficiency or its merits. Moreover, pursuant to Bush and section 79.09, the court erred in directing Mr....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1997 WL 662364
...The proper procedure is for Torres to petition the circuit court in the Second Judicial Circuit for a writ of habeas corpus, since he is incarcerated in the Quincy Correctional Institution. Only the circuit court within the county where he is incarcerated has jurisdiction. § 79.09, Fla....
CopyCited 3 times | Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 161, 2012 WL 739209, 2012 Fla. LEXIS 490
is incarcerated has jurisdiction.”); see also §
79.09, Fla. Stat. (2011) *253(“Before a circuit judge
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1995 WL 675299
...Without considering the merits of the claim that Florida lost jurisdiction over his case prior to trial, the trial court here properly concluded that it lacked jurisdiction to consider a petition for habeas corpus filed by a prisoner being detained outside its territorial authority. § 79.09, Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2008 WL 4865029
...immediate release, and raising precisely the same claim he argued in this motion. We reviewed the petition and found it failed to establish a basis for relief, but transferred the petition to the appropriate venue. See Bush,
945 So.2d at 1213 n. 11; §
79.09, Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1998 WL 60416
...Maryellen McDonald, Assistant General Counsel, Department of Corrections, Tallahassee, for Appellee. KUDER, Associate Judge. As appellant did not file his Petition for Writ of Habeas Corpus or Alternatively Writ of Mandamus in the proper county, the circuit court properly denied his petition. See § 79.09, Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 11704, 2010 WL 3120220
...ty. According to the trial court, the petition should have been filed in Columbia County where Appellant is incarcerated. Normally, a habeas corpus petition must be filed in the circuit court for the county in which the petitioner is imprisoned. See § 79.09, Florida Statutes (2009)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2008 WL 902112
...Third Judicial Circuit, in and for Taylor County, Florida, for immediate action by that court. ORDER QUASHED; PETITION FOR WRIT OF HABEAS CORPUS TO BE TRANSFERRED TO THIRD CIRCUIT, TAYLOR COUNTY. PALMER, C.J., and GRIFFIN, J., concur. NOTES [1] See § 79.09, Fla....
CopyPublished | District Court of Appeal of Florida
petition to Dade before the trial court."). Section
79.09, Florida Statutes (2019), provides that "[b]efore
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 6341
County, in which Ruiter is in custody. Fla.Stat. §
79.09 (1969), F.S.A.; State ex rel. Wainwright v. Holley
CopyPublished | District Court of Appeal of Florida
county in which the prisoner is detained. See §
79.09, Fla. Stat. (2018). 2Lee did not
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 592, 1986 Fla. App. LEXIS 6805
5(b), Florida Constitution. Although, under section
79.09, Florida Statutes, the circuit court would not
CopyPublished | Florida 1st District Court of Appeal
...1st DCA 2010) (finding that the
trial court that imposed the sentence has jurisdiction when an appellant attempts to
attack his conviction by raising issues relating to the trial or the propriety of a plea).
However, as conceded by the Appellee, the trial court’s interpretation of the petition
was incorrect.
Section 79.09, Florida Statutes (2014), provides that petitions for writ of
habeas corpus must be filed with the clerk of the circuit court of the county in which
the prisoner is detained....
CopyPublished | Florida 3rd District Court of Appeal
jurisdiction to adjudicate the petition. See §
79.09, Fla. Stat. (2024) (“Before a circuit judge the
CopyPublished | Florida 4th District Court of Appeal | 1999 WL 512070
...ted because of errors regarding gain time. The state responded that a prisoner can only seek habeas corpus in the circuit court where the prisoner is detained, and that appellant should first have sought relief through the Department of Corrections. Section 79.09, Florida Statutes (1993) provides that a petition for writ of habeas corpus "shall be filed with the clerk of the circuit court of the county in which the prisoner is detained." This statute is consistent with the common law, under whic...
CopyPublished | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 569, 2010 WL 323026
..."); Bush v. State,
945 So.2d 1207, 1213 n. 11 (Fla.2006) ("[A] habeas petition filed in circuit court alleging entitlement to immediate release `shall be filed with the clerk of the circuit court of the county in which the prisoner is detained.' See §
79.09, Fla....
CopyPublished | Florida 1st District Court of Appeal
court that handled the criminal case. Compare §
79.09, Fla. Stat. (requiring a petition for writ of habeas
CopyPublished | District Court of Appeal of Florida
and we would have affirmed on the authority of §
79.09, Fla.Stat.; Anderson v. State, Fla.App. 1962, 141
CopyPublished | District Court of Appeal of Florida
located in Punta Gorda, Florida. Pursuant to section
79.09, Florida Statutes (2016), only the circuit court
CopyPublished | Florida 2nd District Court of Appeal
303 So. 3d 269, 272 (Fla. 2d DCA 2020). Compare §
79.09, Fla. Stat. (2024) (providing that a petition for
CopyPublished | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 12191, 2010 WL 3239129
...oner's claim that he is entitled to immediate release is properly brought by a petition for writ of habeas corpus. See Barrera v. Fla. Parole Comm'n,
987 So.2d 810, 811 (Fla. 1st DCA 2008); Stanley v. Moore,
744 So.2d 1160, 1161 (Fla. 1st DCA 1999). Section
79.09, Florida Statutes (2009), requires the inmate to file his/her habeas corpus petition with the clerk of the circuit court of the county in which he/she is detained....
CopyPublished | Florida 1st District Court of Appeal
So. 2d 1260, 1261 (Fla. 1st DCA 1998); see also §
79.09, Fla. Stat. Under these circumstances, we find
