Collins v. State

District Court of Appeal of Florida

Collins v. State

777 So. 2d 436, 2001 Fla. App. LEXIS 835, 2001 WL 76756

CourtDistrict Court of Appeal of Florida

DecidedJanuary 31, 2001

DocketNo. 3D01-160

StatusPublished

Cited by1 cases

This text of 777 So. 2d 436 (Collins v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Collins v. State, 777 So. 2d 436, 2001 Fla. App. LEXIS 835, 2001 WL 76756 (Fla. Ct. App. 2001).

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Opinion

PER CURIAM.

Petitioner, Curtis D. Collins, appeals the dismissal of his petition for Writ of Habeas Corpus and Mandamus. The dismissal was based on the fact that petitioner, who was incarcerated in Miami Dade County at the time he filed his petition, has been transferred to the Third Circuit. We agree with Magnus v. State, 738 So.2d 446, 447 (Fla. 4th DCA 1999), which stated:

When it is apparent to a trial court that a petition for habeas corpus has been filed in the wrong court, it could save an unnecessary appeal which could substantially delay the release of a wrongfully incarcerated person, if the trial court would transfer the petition to the proper court.

Thus, we reverse and remand with directions immediately to transfer the petition to the Third Circuit, where the petitioner is currently located.

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PER CURIAM.

Petitioner, Curtis D. Collins, appeals the dismissal of his petition for Writ of Habeas Corpus and Mandamus. The dismissal was based on the fact that petitioner, who was incarcerated in Miami Dade County at the time he filed his petition, has been transferred to the Third Circuit. We agree with Magnus v. State, 738 So.2d 446, 447 (Fla. 4th DCA 1999), which stated:

When it is apparent to a trial court that a petition for habeas corpus has been filed in the wrong court, it could save an unnecessary appeal which could substantially delay the release of a wrongfully incarcerated person, if the trial court would transfer the petition to the proper court.

Thus, we reverse and remand with directions immediately to transfer the petition to the Third Circuit, where the petitioner is currently located.

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Bluebook (online)

777 So. 2d 436, 2001 Fla. App. LEXIS 835, 2001 WL 76756, Counsel Stack Legal Research, https://law.counselstack.com/opinion/collins-v-state-fladistctapp-2001.

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