Hirsch v. State

Petitioner, Patricia Langford Hirsch, seeks a writ of habeas corpus to obtain her release from jail, alleging that the trial court was without jurisdiction to revoke her post-trial 'supersedeas appellate bond before this court had issued its mandate in her appeal.

First, as set forth in Florida Rule of Appellate Procedure 9.140(h)(4), orders relating to post-trial release are reviewed by the court by motion, not by a petition for writ of habeas corpus. Second, contrary to petitioner’s argument, Florida Rule of Appellate Procedure 9.600(d), as amended in 1996, expressly provides that in…