Key v. State
After counsel missed a pretrial conference whose time had been changed on short notice, the trial court issued a no-bond capias and the clerk noticed bond forfeiture. Key sought habeas in the Sixth DCA to quash the unexecuted capias while still at liberty. The court denied the petition, holding that section 79.01, Florida Statutes, by its present-tense text requires that a petitioner be presently 'detained in custody,' and an unexecuted warrant creating only future restraints is not custody.
Key facts
- Key's counsel missed a pretrial conference after the court changed its time on short notice, prompting the trial court to issue a no-bond capias and the clerk to notice bond forfeiture.
- Key, who remained at liberty and had not been arrested or surrendered, sought a writ of habeas corpus in the Sixth District Court of Appeal to quash the unexecuted capias warrant.
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Why it matters
This is the Sixth DCA's clearest statement that habeas cannot be used preemptively to quash an unexecuted capias, narrowing the practical reach of the Second and Third District capias-quashing cases defense counsel… — full analysis with a trial
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