FL · rules
Fla. R. Crim. P. 3.820
Habeas Corpus
(a) Custody Pending Appeal of Order of Denial. When a
defendant has been sentenced, and is actually serving the sentence,
and has not appealed from the judgment or sentence, but seeks a
release from imprisonment by habeas corpus proceedings, and the
writ has been discharged after it has been issued, the custody of
the prisoner shall not be disturbed, pending review by the appellate
court.
(b) Custody Pending Appeal of Order Granting. Pending
review of a decision discharging a prisoner on habeas corpus, the
prisoner shall be discharged on bail, with sureties to be approved as
other bail bonds are approved for the prisoner’s appearance to
answer and abide by the judgment of the appellate court.
History
Committee Notes 1968 Adoption. Same as section 922.03, Florida Statutes. 1972 Amendment. Same as prior rule, but some terminology has been changed.
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
dd2c2879b350daf2c7bfcc1a7526a969a1e72305ac913dbce9d026e6af38096f
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