Home/District Court of Appeal of Florida/Ruiter v. Wainwright

Ruiter v. Wainwright

249 So. 2d 67, 1971 Fla. App. LEXIS 6341
District Court of Appeal of Florida·Decided May 6, 1971·No. No. 71-321·Published·Cited by 9 cases

Opinion

MANN, Judge.

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.

PIERCE, C. J., and LILES, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Ruiter v. Wainwright, 249 So. 2d 67, 1971 Fla. App. LEXIS 6341 (Fla. Ct. App. 1971).

249 So. 2d 67 (Ruiter v. Wainwright) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Harris v. State
133 So. 3d 1169 (District Court of Appeal of Florida, 2014)
Collins v. State
859 So. 2d 1244 (District Court of Appeal of Florida, 2003)
Alday v. Singletary
719 So. 2d 1260 (District Court of Appeal of Florida, 1998)
Lewis v. FLORIDA PAROLE COM'N
697 So. 2d 965 (District Court of Appeal of Florida, 1997)
Alachua Reg. Juv. Detention v. To
684 So. 2d 814 (Supreme Court of Florida, 1996)
Flimming v. State
545 So. 2d 447 (District Court of Appeal of Florida, 1989)
Finley v. State
394 So. 2d 215 (District Court of Appeal of Florida, 1981)
Sheptin v. State, Probation & Parole Commission
308 So. 2d 557 (District Court of Appeal of Florida, 1975)
Carmen v. State
300 So. 2d 713 (District Court of Appeal of Florida, 1974)