Florida/Georgia Personal Injury & Workers Compensation

..., even to the extent that the amendments repeal Florida Rules of Criminal Procedure 3.131 and 3.132 "to the extent that the rules are inconsistent with this act." Ch.2000-178, § 5 at 1470, Laws of Fla. Additionally, by enacting section 903.0471 and section 907.045(4)(b)7, the Legislature used the term "pretrial detention" in a way that signifies that the term applies to a revocation of an existing bond....

...Shanklin argues on appeal that his petition for writ of habeas corpus was properly filed in the county in which he is detained, pursuant to section 79.09, Florida Statutes. He further asserts that the writ of habeas corpus is the proper remedy under section 907.045, Florida Statutes, because he challenges the validity of the probable cause affidavit supporting the charging Information, and that the circuit court in Santa Rosa County erred in treating his petition as a motion for post-conviction relief cognizable only by the sentencing court. Chapter 907 addresses pre-trial detention and release. Section 907.045 provides the writ of habeas corpus as a pre-trial remedy for a challenge to the indictment, information, or affidavit upon which a defendant is in custody and upon which “he or she can be tried,” not upon which he or she has already been tried and sentenced....

...certain fundamental grounds not applicable here. See Fla. R. Crim. P. 3.190(c)(l)-(4). Mr. Shanklin’s sentences were entered in April 2006, and so his case *622 is well beyond arraignment and other pretrial stages of the litigation. Not only does section 907.045 fail to provide a post-conviction remedy for the writ of habeas corpus in this situation, but rule 3.850(m), Florida Rules of Criminal Procedure specifically limits applications for the writ of habeas corpus to those cases where “th...

...2d DCA), rev. denied, 451 So.2d 850 (Fla.1984) (when information is filed after the twenty-one-day period, but defendant is released on his own recognizance, the court need not furnish adversary preliminary hearing upon defendant’s demand). . We note that Section 907.045, Florida Statutes (1985), provides that “[a] defendant who has been confined for 30 days after his arrest without a trial shall be allowed a preliminary hearing upon application.” ....

MANN, Judge. The dictum of a distinguished jurist, Judge Reed, of the Fourth District Court of Appeal, 1 prompted Karz to seek mandamus to compel the trial judge to grant a preliminary hearing. Florida Statutes, § 907.045 (1970), F.S.A....

...As a matter of policy, there is good reason to consider whether preliminary hearing should be granted, as a matter of right, to one jailed under an information for far less than thirty days. But we are neither the Supreme Court nor the Legislature. We think Fla.Stat. § 907.045 (1970) requires denial of mandamus in this case....