Preview
. Filing # 99090195 E-Filed 11/19/2019 10:43:12 AM
IN THE CIRCUIT COURT
OF THE FOURTEENTH JUDICIAL CIRCUIT
IN AND FOR JACKSON COUNTY, FLORIDA
CIVIL DIVISION
CASENO.: 19-297CA EOCLERKBRADFORDCS
2013 NOU 21 pw9:25
WILLIAM ROGER BROWN, DOC# 584161,
Petitioner,
v.
MARK S. INCH, SECRETARY,
FLORIDA DEPARTMENT OF CORRECTIONS, and
FLORIDA COMMISSION ON OFFENDER REVIEW, ET AL.,
Respondents.
ORDER GRANTING RESPONDENT’S MOTION TO TRANSFER VENUE
iD ORDER FERRING ACTION TO THE PROPER VENUE
THIS MATTER is before the Court on the Respondent, Florida Commission on Offender
Review's Motion to Transfer the Action to the Proper Venue filed September 16, 2019. The
Court, having considered the Motion, and applicable law, and being otherwise fully advised in
the premises, finds as follows:
The Florida Commission on Offender Review ("Commission"), by and through
undersigned counsel and pursuant to Rule 9.300, Fla. R. App. P.. and this Court's July 18, 2019,
Order to Show Cause, filed the instant Motion to Transfer Venue.
On June 14, 2019. Petitioner provided the Petition for Writ of Habeas Corpus to Florida
State Prison prison officials for mailing. Petitioner challenges the revocation of his conditional
release supervision and secks release from custody. (Petition, p. 1, 5). At the time he initiated
these habeas proceedings, he was incarcerated in Florida State Prison in Bradford County,
Florida. (Petition, p. 6). (See Exhibit A-Department of Corrections Inmate Movement/Transfer).
On July 18, 2019, this Court issued the Order to Show Cause to the Commission,
requiring a response to the Petition for Writ of Habeas Corpus by September 16, 2019. Because
at the time he initiated these habeas proceedings, Petitioner was incarcerated in Bradford County,
Florida, jurisdiction properly lies in that county.
Historically, habeas petitions are filed to test the legality of the petitioner's incarceration
or detention and to secure immediate release from that incarceration or detention if the same has
been determined to be illegal. Harris v. State, 133 So. 3d 1169 (Fla. 3rd DCA 2014),
Paget of 3 CERTIFIED A TRUE COPY.
WQ-\S
CLAYTON 0. ROOKS, lit
CLERK CIRCUIT COURT
JACKSON COUNTY, FLORIDA
Order Granting PCOR’s Motion to ‘Transfer to Proper Venue
William Roger Brown, DOCH 584161 v. FL DOC, FCOR! 19-297 CA
Electronically Filed Jackson Case # 19000297CAAXMX 11/19/2019 09:43:12
By:,
lerkA challenge to a revocation is properly brought as a petition seeking habeas relief. See
Johnson y. Fla, Parole Comm'n, 841 So. 2d 615, 616 (Fla. Ist DCA 2003); Young v. Simmons,
506 So. 2d 434, 435 (Fla. 2nd DCA 1987) (the proper method for challenging an order of the
Commission revoking parole is by petition for writ of habeas corpus); Lleo v. State, 41 So, 3d
1106 (Fla, 3rd DCA 2010) (the proper method for challenging an order of the Commission
revoking conditional release is by petition for writ of habeas corpus); Barrera _v. Fla. Parole
Comm'n, 987 So. 2d 810, 811 (Fla. Ist DCA 2008).
For purposes of habeas petitions, jurisdiction is determined as of the filing of the petition.
Perkins v. State, 766 So. 2d 1173, 1175 (Fla. Sth DCA 2000). A subsequent transfer of the
inmate petitioner to another jurisdiction does not divest or destroy the jurisdiction of the circuit
where the inmate was housed at the time the petition was filed, Id. In order "[t]o fulfill the
intended purpose of habeas corpus proceedings, the courts have held that [i]f a prisoner files a
habeas corpus petition in circuit court, the petition must be filed in the circuit court of the county
in which the prisoner is detained.’” Collins v. State, 859 So. 2d 1244, 1245 (Fla. Sth DCA 2003),
citing Alachua Reg'l Juvenile Det. Ctr. V. T.O., 684 So, 2d 814, 816 (Fla. 1996).
Petitioner alleges entitlement to immediate release, and habeas corpus is the proper
vehicle to seek relief. As of the date of the filing of the underlying petition, Petitioner was
housed at Florida State Prison in Bradford County. Florida. The Circuit Court for the Eighth
Judicial Circuit in and for Bradford County is the proper circuit court to adjudicate his claims on
the merits. Accordingly, the Court grants the Commission's requests that the Petition for Writ of
Habeas Corpus be transferred to the Eighth Judicial Circuit, Bradford County, Florida.
Therefore, it is,
ORDERED AND ADJUDGED as follows:
1, The Court’s Order to Show Cause is hereby VACATED, and
2. The above case is hereby TRANSFERRED to the Eighth Judicial Circuit in and for
Bradford County, Florida. The Clerk of Court is hereby directed to transfer the case.
ONE AND ORDERED in chambers, “y y nty, Fi , this | day of
4 Vopeinhev’ 2019.
as AL GOODMAN, JR.,
CIRCUIT J D ff
Page 2 of 3
Order Granting FCOR's Motion to Transfer to Proper Venue
William Roger Brown, DOC# 584161 v. FL. DOC, FCOR/ 19-297 CA,1 HEREBY CERTIFY that a true and exact copy of the foregoing has been provided by
U.S. Mail, hand delivery and/or E-portal to William Roger Brown, DOC# 584161, Suwannee
Correctional Institution, 5964 U.S. Highway 90, Live Oak, Florida 32060; Mark Hiers,
Assistant General Counsel, Florida Commission on Offender Review, 4070 Esplanade Way,
Tallahassee, Florida 32399, markhiers@fcor.state.fl.us, (corlegal@fcor.state.flus; and Beverly
Brewster, Assistant General Counsel, Florida Department of Corrections, 501 S. Calhoun Street,
Tallahassee, Florida 32399-2500, Beverly.browst day of
i 2019,
Page 3 of 3
Order Granting FCOR’s Motion to Transfer to Proper Venue
William Roger Brown, DOC# 584161 y. FL. DOC, FCOR/ 19-297 CA
Preview
. Filing # 99090195 E-Filed 11/19/2019 10:43:12 AM IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR JACKSON COUNTY, FLORIDA CIVIL DIVISION CASENO.: 19-297CA EOCLERKBRADFORDCS 2013 NOU 21 pw9:25 WILLIAM ROGER BROWN, DOC# 584161, Petitioner, v. MARK S. INCH, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, and FLORIDA COMMISSION ON OFFENDER REVIEW, ET AL., Respondents. ORDER GRANTING RESPONDENT’S MOTION TO TRANSFER VENUE iD ORDER FERRING ACTION TO THE PROPER VENUE THIS MATTER is before the Court on the Respondent, Florida Commission on Offender Review's Motion to Transfer the Action to the Proper Venue filed September 16, 2019. The Court, having considered the Motion, and applicable law, and being otherwise fully advised in the premises, finds as follows: The Florida Commission on Offender Review ("Commission"), by and through undersigned counsel and pursuant to Rule 9.300, Fla. R. App. P.. and this Court's July 18, 2019, Order to Show Cause, filed the instant Motion to Transfer Venue. On June 14, 2019. Petitioner provided the Petition for Writ of Habeas Corpus to Florida State Prison prison officials for mailing. Petitioner challenges the revocation of his conditional release supervision and secks release from custody. (Petition, p. 1, 5). At the time he initiated these habeas proceedings, he was incarcerated in Florida State Prison in Bradford County, Florida. (Petition, p. 6). (See Exhibit A-Department of Corrections Inmate Movement/Transfer). On July 18, 2019, this Court issued the Order to Show Cause to the Commission, requiring a response to the Petition for Writ of Habeas Corpus by September 16, 2019. Because at the time he initiated these habeas proceedings, Petitioner was incarcerated in Bradford County, Florida, jurisdiction properly lies in that county. Historically, habeas petitions are filed to test the legality of the petitioner's incarceration or detention and to secure immediate release from that incarceration or detention if the same has been determined to be illegal. Harris v. State, 133 So. 3d 1169 (Fla. 3rd DCA 2014), Paget of 3 CERTIFIED A TRUE COPY. WQ-\S CLAYTON 0. ROOKS, lit CLERK CIRCUIT COURT JACKSON COUNTY, FLORIDA Order Granting PCOR’s Motion to ‘Transfer to Proper Venue William Roger Brown, DOCH 584161 v. FL DOC, FCOR! 19-297 CA Electronically Filed Jackson Case # 19000297CAAXMX 11/19/2019 09:43:12 By:, lerkA challenge to a revocation is properly brought as a petition seeking habeas relief. See Johnson y. Fla, Parole Comm'n, 841 So. 2d 615, 616 (Fla. Ist DCA 2003); Young v. Simmons, 506 So. 2d 434, 435 (Fla. 2nd DCA 1987) (the proper method for challenging an order of the Commission revoking parole is by petition for writ of habeas corpus); Lleo v. State, 41 So, 3d 1106 (Fla, 3rd DCA 2010) (the proper method for challenging an order of the Commission revoking conditional release is by petition for writ of habeas corpus); Barrera _v. Fla. Parole Comm'n, 987 So. 2d 810, 811 (Fla. Ist DCA 2008). For purposes of habeas petitions, jurisdiction is determined as of the filing of the petition. Perkins v. State, 766 So. 2d 1173, 1175 (Fla. Sth DCA 2000). A subsequent transfer of the inmate petitioner to another jurisdiction does not divest or destroy the jurisdiction of the circuit where the inmate was housed at the time the petition was filed, Id. In order "[t]o fulfill the intended purpose of habeas corpus proceedings, the courts have held that [i]f a prisoner files a habeas corpus petition in circuit court, the petition must be filed in the circuit court of the county in which the prisoner is detained.’” Collins v. State, 859 So. 2d 1244, 1245 (Fla. Sth DCA 2003), citing Alachua Reg'l Juvenile Det. Ctr. V. T.O., 684 So, 2d 814, 816 (Fla. 1996). Petitioner alleges entitlement to immediate release, and habeas corpus is the proper vehicle to seek relief. As of the date of the filing of the underlying petition, Petitioner was housed at Florida State Prison in Bradford County. Florida. The Circuit Court for the Eighth Judicial Circuit in and for Bradford County is the proper circuit court to adjudicate his claims on the merits. Accordingly, the Court grants the Commission's requests that the Petition for Writ of Habeas Corpus be transferred to the Eighth Judicial Circuit, Bradford County, Florida. Therefore, it is, ORDERED AND ADJUDGED as follows: 1, The Court’s Order to Show Cause is hereby VACATED, and 2. The above case is hereby TRANSFERRED to the Eighth Judicial Circuit in and for Bradford County, Florida. The Clerk of Court is hereby directed to transfer the case. ONE AND ORDERED in chambers, “y y nty, Fi , this | day of 4 Vopeinhev’ 2019. as AL GOODMAN, JR., CIRCUIT J D ff Page 2 of 3 Order Granting FCOR's Motion to Transfer to Proper Venue William Roger Brown, DOC# 584161 v. FL. DOC, FCOR/ 19-297 CA,1 HEREBY CERTIFY that a true and exact copy of the foregoing has been provided by U.S. Mail, hand delivery and/or E-portal to William Roger Brown, DOC# 584161, Suwannee Correctional Institution, 5964 U.S. Highway 90, Live Oak, Florida 32060; Mark Hiers, Assistant General Counsel, Florida Commission on Offender Review, 4070 Esplanade Way, Tallahassee, Florida 32399, markhiers@fcor.state.fl.us, (corlegal@fcor.state.flus; and Beverly Brewster, Assistant General Counsel, Florida Department of Corrections, 501 S. Calhoun Street, Tallahassee, Florida 32399-2500, Beverly.browst day of i 2019, Page 3 of 3 Order Granting FCOR’s Motion to Transfer to Proper Venue William Roger Brown, DOC# 584161 y. FL. DOC, FCOR/ 19-297 CA