Ruiter v. Wainwright, 71-321
| Decision Date | 06 May 1971 |
| Docket Number | No. 71-321,71-321 |
| Citation | 249 So.2d 67 |
| Parties | Robert L. RUITER, Petitioner, v. Louie L. WAINWRIGHT etc., Respondent. |
| Court | Florida District Court of Appeals |
Robert L. Ruiter, pro se.
Ruiter's petition for writ of habeas corpus alleges wrongful denial of counsel at parole revocation hearing. See Fla.Stat. §§ 947.21-.23 (1969) F.S.A. Cf. § 948.06. He relies on Mempa v. Rhay, 1967, 389 U.S. 128, 88 S.Ct. 254, 19 L.Ed.2d 336. Cf. Morrissey v. Brewer, 8th Cir. 1971, 443 F.2d 942; Rose v. Haskins, 6th Cir. 1968, 388 F.2d 91; Hahn v. Burke, 7th Cir. 1970, 430 F.2d 100.
The petition should have been filed in the Circuit Court for Union County, in which Ruiter is in custody. Fla.Stat. § 79.09 (1969), F.S.A.; State ex rel. Wainwright v. Holley, Fla.App.2d 1970, 234 So.2d 409.
Petition denied without prejudice.
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11 cases
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Bryan v. Inch
...a prisoner must be filed in the circuit court of the county in which the prisoner is detained. § 79.09, Fla. Stat.; Ruiter v. Wainwright, 249 So. 2d 67 (Fla. 2d DCA 1971); Johnson v. Florida Parole Commission, 841 So. 2d 615 (Fla. 1st DCA 2003). As Petitioner is currently detained at Okaloo......
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Collins v. State
...Alachua Reg'l Juvenile Det. Ctr. v. T.O., 684 So.2d 814, 816 (Fla.1996) (citing § 79.09, Fla. Stat. (1995); Ruiter v. Wainwright, 249 So.2d 67 (Fla. 2d DCA 1971)). "Moreover, the proper respondent in a habeas corpus petition is the party that has actual custody and is in a position to physi......
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Alachua Regional Juvenile Detention Center v. T.O., 87544
...must be filed in the circuit court of the county in which the prisoner is detained. § 79.09, Fla.Stat. (1995); Ruiter v. Wainwright, 249 So.2d 67 (Fla. 2d DCA 1971). No similar statutory requirement is imposed on the district courts of appeal. Nevertheless, it appears that a district court ......
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Carmen v. State, 73--270
...1969, 224 So.2d 769, cert. discharged, Fla.1970, 238 So.2d 598; Andrews v. State, Fla.App.3d 1964, 160 So.2d 726; Cf. Ruiter v. Wainwright, Fla.App.2d 1971, 249 So.2d 67; State ex rel. Wainwright v. Holley, Fla.App.2d 1970, 234 So.2d 409. The crucial allegations are those which relate to th......
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