Florida District Courts of Appeal, 1971

Ruiter v. Wainwright

Florida District Courts of Appeal · Decided May 6, 1971 · Liles, Mann, Pierce

249 So. 2d 67; 1971 Fla. App. LEXIS 6341 (Southern Reporter, Second Series)

Cases that cite this one

9 later published cases cite this decision.

Harris v. State (Fla. Dist. Ct. App. 2014)
Collins v. State (Fla. Dist. Ct. App. 2003)
Alday v. Singletary (Fla. Dist. Ct. App. 1998)
Lewis v. FLORIDA PAROLE COM'N (Fla. Dist. Ct. App. 1997)
Alachua Reg. Juv. Detention v. To (Fla. 1996)
Flimming v. State (Fla. Dist. Ct. App. 1989)
Finley v. State (Fla. Dist. Ct. App. 1981)
Sheptin v. State, Probation & Parole Commission (Fla. Dist. Ct. App. 1975)
Carmen v. State (Fla. Dist. Ct. App. 1974)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.