Ruiter v. Wainwright

District Court of Appeal of Florida

Ruiter v. Wainwright

249 So. 2d 67, 1971 Fla. App. LEXIS 6341

CourtDistrict Court of Appeal of Florida

DecidedMay 6, 1971

DocketNo. 71-321

StatusPublished

Cited by9 cases

This text of 249 So. 2d 67 (Ruiter v. Wainwright) 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.

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

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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.

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