Peralta-Mejia v. State
A criminal defendant charged with battery on an elderly person, who was released on bond into ICE custody, sought a writ of prohibition to stop the circuit court from issuing a writ of habeas corpus ad prosequendum that would temporarily return him to state custody to face the charge. The Third District denied the petition, holding that circuit courts have clear constitutional and statutory authority to issue such writs and that prohibition cannot be used to prevent a lawful exercise of jurisdiction, only an act wholly outside it.
Key facts
- Criminal defendant charged with battery on an elderly person was released on bond into ICE custody instead of state custody.
- Defendant petitioned for a writ of prohibition to prevent the circuit court from issuing a writ of habeas corpus ad prosequendum that would return him temporarily to state custody to face the pending criminal charge.
- +2 more key facts with a free trial
Why it matters
This opinion addresses an increasingly common and previously unresolved scenario in Florida criminal practice: how the state may secure the temporary return of a pretrial defendant who has been released into ICE custody… — full analysis with a trial
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