State v. Broom
State v. Broom
Opinion of the Court
The circuit judge herein previously granted a petition for writ of habeas corpus by respondent, Anthony W. Broom. The state appealed that decision and also appealed an order of the same judge releasing Broom pending the state’s appeal. This court reversed the granting of the habeas corpus petition holding that the judge, who is a circuit judge in Pinellas County, had no jurisdiction to review the legality of a Polk County conviction. It was also held that, in any event, habeas corpus could not be used to collaterally attack a conviction after unsuccessful Florida Rule of Criminal Procedure 3.850 motions to vacate. State v. Broom, 523 So.2d 639 (Fla. 1988). This court also subsequently set aside the order granting bond pending appeal. Rehearings were denied in both appeals. Also denied by this court were motions for stay of mandate pending review in the Florida Supreme Court.
Broom also moved in the circuit court for release pending review in the Florida Supreme Court. The circuit judge
For all the above reasons, we grant the petition for writ of certiorari and quash the order granting bond. The circuit judge heretofore assigned to this case shall immediately issue an order requiring the sheriff of Pinellas County to take appellee, Anthony Broom, into custody forthwith and to transfer him to the appropriate authority for the completion of his sentence. Other than this order, the circuit judge herein shall enter no further orders regarding the Polk County conviction of this respondent, appellate review thereof, or custody pursuant to such conviction. The provision of this opinion dealing with the immediate issuance of a custody order shall be effective immediately and not be delayed because of the pendency of any motions for rehearing directed to this opinion.
Certiorari granted.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.