Small v. State

Paul A. Small (“Small”) appeals a final order dismissing his petition for writ of habeas corpus. Because we find that the Eleventh Judicial Circuit lacked jurisdiction to consider the claim raised in Small’s habeas petition, we affirm the dismissal without prejudice for Small to seek appropriate relief in the Fifteenth Judicial Circuit.

“The circuit court of the county in which a defendant is incarcerated has jurisdiction to consider a petition for writ of habeas corpus when the claims raised in the petition concern issues regarding his incarceration, but not when the claims attack the…