Fasenmyer v. Wainwright, 38739
| Decision Date | 24 September 1969 |
| Docket Number | No. 38739,38739 |
| Citation | 230 So.2d 129 |
| Parties | Thomas Raphael FASENMYER, Petitioner, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Respondent. |
| Court | Florida Supreme Court |
Thomas Raphael Fasenmyer, for petitioner.
Earl Faircloth, Atty. Gen., and James Robert Yon, Asst. Atty. Gen., for respondent.
This is an original proceeding in mandamus wherein petitioner seeks an order requiring respondent to withdraw a detainer which has been lodged against petitioner in the State of California.
In 1960 and prior thereto, petitioner was in custody of respondent serving several sentences imposed upon him by the Florida courts. On February 7, 1960, petitioner was released by the respondent to the custody of the Sheriff of Hernando County so that he could be tried for the crime of breaking and entering. On March 16, 1960, prior to trial, petitioner escaped.
Since that time petitioner has on various occasions, escaped from lawful custody in Missouri, Washington and California.
His last venture resulted in the imposition of a sentence on November 14, 1966 in California of five years to life imprisonment. A detainer was lodged on January 18, 1968, with the California authorities by respondent, as Florida authorities desire to extradite petitioner for trial.
Petitioner says that Florida has abandoned any right to have him stand trial for the pending offense because of respondent's failure to file the detainer at an earlier date.
In order to be entitled to a writ of mandamus the petitioner must show a clear legal right to the performance by the respondent of the particular duty in question. See 16 F.L.P., Mandamus, § 10. Of course, a writ of mandamus may, in some instances, be enforced upon equitable principles (16 F.L.P., Mandamus, § 12), but certainly none are apparent in this proceeding. The fact that the detainer may affect petitioner's right to a parole in California has no bearing upon the legality or equity of the detainer in view of his status as an 'escapee.'
While incarcerated in other states petitioner had the right to maintain mandamus proceeding seeking a speedy trial in Florida. Dickey v. Circuit Court, Gadsden County, 200 So.2d 521 (Fla.1967).
If a person charged with the commission of a felony escapes from lawful custody he waives any right to object to the filing of a detainer in another jurisdiction by the authorities from whose custody he first escaped. Mere...
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Thomlinson v. Liburdi, 166899
...and concluded that the agreement on detainers does not apply to warrants for arrest for probation violations. In Fasenmyer v. Wainwright, 230 So.2d 129 (Fla.), an alternative writ of mandamus was discharged where the claim was made by the plaintiff that the state of Florida had abandoned an......
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Anthony v. State
...demonstrating "a clear legal right to the performance by the respondent of the particular duty in question." Fasenmyer v. Wainwright, 230 So.2d 129, 130 (Fla. 1969). To be facially sufficient, a petition for writ of mandamus must also show the petitioner has no adequate remedy at law. Davis......
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Jackson v. State
...(Fla. June 7, 2000), revised opinion, 26 Fla. L. Weekly S741, ___ So.2d ___, 2001 WL 617716 (Fla. Nov. 1, 2001); Fasenmyer v. Wainwright, 230 So.2d 129, 130 (Fla.1969). Under the Act, Jackson has a clear legal right to receive an annual notice of his right to petition the court for release,......
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Kobayashi v. Kobayashi
...mandamus, the petitioner must show a clear legal right to the performance by the respondent of a particular duty. See Fasenmyer v. Wainwright, 230 So.2d 129 (Fla.1969). The petition does not make a sufficient showing that the district court failed to perform a particular duty imposed upon i......