Legal Opinion

Curry v. Hadi

District Court of Appeal of Florida

Decided April 29, 2005No. 2D03-5540PublishedCited by 1 opinion

1Opinion of the Court

FULMER, Judge.

John F. Curry, a detainee under the Jimmy Ryce Act,1 appeals from the dismissal of a Petition for Writ of Habeas Corpus. Although we conclude that the trial court erred in dismissing the petition for the reasons given in its order, we nevertheless affirm because the petition would have been properly denied had the trial court addressed the substance of the claims raised.

The trial court rested its dismissal on the rationale that the petition did not comply with section 394.9215, Florida Statutes (2003), a provision of the Jimmy Ryce Act authorizing a detainee to file a petition…

2Cases cited5 opinions

  1. State v. HarrisSupreme Court of Florida · 2004
  2. Anderson v. ChapmanSupreme Court of Florida · 1933
  3. Ferenc v. ThursbyDistrict Court of Appeal of Florida · 1968
  4. Benson v. Home Depot U.S.A., IncSupreme Court of the United States · 2004
  5. Bryant v. Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions DivisionSupreme Court of the United States · 2004

3Cited by1 opinion

  1. McKee v. JacoboDistrict Court of Appeal of Florida · 2013

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