Legal Opinion
Henry v. Santana
Supreme Court of Florida
Decided April 28, 2011No. SC09-1027PublishedCited by 7 opinions
1Opinion of the CourtPerry, J.
This case is before the Court for review of the decision of the First District Court of Appeal in Santana v. Henry, 12 So.3d 843 (Fla. 1st DCA 2009). The district court certified that its decision is in direct conflict with the decision of the Third District Court of Appeal in Pope v. State, 898 So.2d 253 (Fla. 3d DCA 2005). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.
The issue presented is whether a court may sua sponte dismiss a petition for a writ of habeas corpus, in which a prisoner is seeking immediate release, based upon the petitioner’s failure to allege exhaustion of…
2Cases cited23 opinions
- Harris v. NelsonSupreme Court of the United States · 1969
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- Key Haven Associated Enterprises, Inc. v. Bd. of Trustees of Internal Imp. Trust FundSupreme Court of Florida · 1982
- Gulf Pines Memorial Park, Inc. v. Oaklawn Memorial Park, Inc.Supreme Court of Florida · 1978
- Ex parte AmosSupreme Court of Florida · 1927
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3Cited by7 opinions
- Scott v. StateDistrict Court of Appeal of Florida · 2014
- Spradley v. Parole CommissionDistrict Court of Appeal of Florida · 2015
- Mehl v. TuckerDistrict Court of Appeal of Florida · 2011
- Francisco Peralta-Mejia v. State of FloridaDistrict Court of Appeal of Florida · 2025
- GIVANNI TORRELL PARKS v. StateDistrict Court of Appeal of Florida · 2021
2 more not listed; retrieve them via the Exa API.