Monday, May 18, 2009

Fifth DCA Grants Petition for Habeas Relief

In Miller v. Murrah (5D08-4101) the Fifth DCA granted petitioner's petition for habeas corpus (immediate release had been previously ordered by the court, with the opinion to follow). The court held: "Under the facts presented in this case, no written order was rendered beyond a court action form and no finding of present ability to purge was made by the trial judge. Incarceration for civil contempt cannot be imposed absent a finding by the trial court that the contemnor has the present ability to purge himself of the contempt. See Bowen v. Bowen, 471 So. 2d 1274 (Fla. 1985). We grant the petitioner’s petition for writ of habeas corpus, immediate release having previously been ordered."


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