"The petition should have been filed in the Circuit Court for Union County, in which Ruiter is in custody."
How later courts described this case
- "The petition should have been filed in the Circuit Court for Union County, in which Ruiter is in custody."
Written by the judges who cited it.
The 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.