Opinion
1D2023-1065
10-25-2023
Rudolph C. Rusty Shepard, Jr., Jean Marie Downing, Elizabeth A. Peskin, William A. Gunter V, and Robin Myers of Shepard Law, Panama City, for Petitioner. Ashley Moody, Attorney General, and Trisha Meggs Pate, Bureau Chief, Tallahassee, for Respondent.
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
Petition for Writ of Habeas Corpus-Original Jurisdiction.
Rudolph C. "Rusty" Shepard, Jr., Jean Marie Downing, Elizabeth A. Peskin, William A. Gunter V, and Robin Myers of Shepard Law, Panama City, for Petitioner.
Ashley Moody, Attorney General, and Trisha Meggs Pate, Bureau Chief, Tallahassee, for Respondent.
PER CURIAM
Having reviewed Respondent's return and Petitioner having failed to reply, the Court denies relief and discharges the writ. See Fla. R. Crim. P. 3.131(d)(3) ("If any trial court fixes bail and refuses its reduction before trial, the defendant may institute habeas corpus proceedings seeking reduction of bail." (emphasis added)); Knight v. State, 213 So.3d 1019, 1022 (Fla. 1st DCA 2017) ("Although her habeas petition falls within this court's original jurisdiction, Knight is not excused from the requirement that she first raise her arguments below."); see also Reshard v. McNeil, 314 So.3d 639 (Fla. 1st DCA 2021) ("As Petitioner has another adequate legal remedy available, the petition for writ of habeas corpus is denied."). No costs or charges are awarded to either party.
RAY, BILBREY, and NORDBY, JJ., concur.