Nelson v. Department of Corrections

Elijah Nelson appeals the dismissal of his petition for writ of habeas corpus. The trial court determined that because Nelson is presently incarcerated in Franklin County, he could not seek habeas corpus relief in Orange County. Based on the nature of the habeas corpus relief sought by Nelson, we conclude that the petition was properly filed in Orange County. Therefore, we reverse for the trial court to consider the merits of the petition.

In Gisi v. State, 119 So.3d 534, 535 (Fla. 5th DCA 2013), we addressed the circumstances regarding the appropriate circuit court to consider a habeas corpus…