Lyden v. Wainwright, 74--1037
| Decision Date | 12 September 1974 |
| Docket Number | No. 74--1037,74--1037 |
| Citation | 307 So.2d 258 |
| Parties | William Michael LYDEN, Petitioner, v. Louie L. WAINWRIGHT, Director, Division of Corrections, Respondent. |
| Court | Florida District Court of Appeals |
William Michael Lyden, pro se.
Robert L. Shevin, Atty. Gen., Tallahassee, and Charles Corces, Jr., Ast. Atty. Gen., Tampa, for respondent.
This is one of a series of petitions following in the wake of Brumit v. Wainwright Fla.1973, 290 So.2d 39, and Voulo v. Wainwright, Fla.1974, 290 So.2d 58. In other cases we have transferred such petitions to the Circuit Court for Leon County, where the office of respondent Wainwright is located. We do not take the authority of the Supreme Court to issue writs of mandamus against state officers 1 as exclusive. It appears to us that orderly procedure would require that these matters be brought initially to the attention of a Circuit Judge in the appropriate county.
However, under the allegations of this petition which the respondent admits to be correct, Lyden may be entitled to immediate release. Consequently, we retain jurisdiction over this petition for writ of mandamus, treating it alternatively as a petition for habeas corpus, which is plainly within our jurisdiction. 2
The response of Mr. Wainwright as Director of the Division of Corrections asserts that Brumit and Voulo are clearly erroneous, a proposition which is clearly irrelevant because these decisions are clearly binding. The response also asserts that jurisdiction lies elsewhere. In the view we take of the matter, since there appears ground for issuance of a writ of habeas corpus as well as a peremptory writ of mandamus, we issue the latter as incident to the complete exercise of our jurisdiction.
For the guidance of those who may seek similar relief in the future, it is our judgment that such petitions ought to be filed in the Circuit Court for Leon County.
The peremptory writ of mandamus is hereby issued requiring respondent to recompute the time which the petitioner is required to serve, in accordance with Brumit v. Wainwright and Voulo v. Wainwright, Supra. In the interest of orderly procedure, we withhold issuance of the writ of habeas corpus until respondent has had a reasonable opportunity to recompute the time remaining on petitioner's sentence. A report of such recomputation shall be submitted to this court within seven days of this date.
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Gibson v. Florida Dept. of Corrections, 1D02-0118.
...a petition for another extraordinary writ is properly treated "alternatively as a petition for habeas corpus." Lyden v. Wainwright, 307 So.2d 258, 259 (Fla. 2d DCA 1974). See Diggs v. Dep't of Corr., 503 So.2d 412, 413 (Fla. 1st DCA 1987) ("[W]e conclude that petitioner's sentence has expir......
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Florida Optometric Ass'n v. Firestone, AX-391
...require that these matters be brought initially to the attention of a Circuit Judge in the appropriate county." Lyden v. Wainwright, 307 So.2d 258, 259 (Fla. 2d DCA 1974). In the case at bar, the circuit court properly exercised its jurisdiction over the petition and the parties. We also ag......
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Taylor v. Wainwright, 82-866
...Jenrette v. Wainwright, 410 So.2d 575 (Fla. 3d DCA 1982); Smith v. Crockett, 383 So.2d 1166 (Fla. 3d DCA 1980); cf. Lyden v. Wainwright, 307 So.2d 258 (Fla. 2d DCA 1974). In Jenrette, which was a habeas corpus proceeding, the issue essentially was the same as in the instant case, and only W......
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Florida Dept. of Corrections v. Delgado, 88-1867
...So.2d 1095 (Fla. 5th DCA 1982). Lowe v. Florida Parole and Probation Commission, 416 So.2d 470 (Fla. 2d DCA 1982); Lyden v. Wainwright, 307 So.2d 258 (Fla. 2d DCA 1974). ...