Florida Statute 79.12 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 79
HABEAS CORPUS

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F.S. 79.12

79.12 Trial of accused pending appeal.—When in any criminal prosecution a writ of habeas corpus is applied for by any person charged with any criminal offense and the accused has been remanded to custody by the court to which such application is made, a supersedeas of the order made on appeal being taken to an appellate court shall not prevent the state from proceeding with the prosecution of the accused pending the decision by the appellate court in the habeas corpus, but the state may prosecute the accused as if appeal had not been taken in habeas corpus. If the accused is convicted of the charge, the court shall withhold imposition of sentence and final judgment until the appellate court has determined the issues presented in the habeas corpus.

History.—s. 1, ch. 10098, 1925; CGL 5445; s. 29, ch. 67-254.

F.S. 79.12 on Google Scholar

F.S. 79.12 on Casetext

Amendments to 79.12

Arrestable Offenses / Crimes under Fla. Stat. 79.12

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 79.12.

Annotations, Discussions, Cases:

Cases Citing Statute 79.12

Total Results: 16

BEVERLY WILLIAMS v. CITIZENS PROPERTY INSURANCE CORPORATION

Court: District Court of Appeal of Florida | Date Filed: 2021-08-18

Snippet: Migliazzo, 290 So. 3d at 578–79. 12

Governor Ron DeSantis, in his official capacity as Chief Executive Officer and Chair of the Board of Education State of Florida v. Alexis S. Geffin, Ryan J. Geffin, Thomas A. Warren, Kathleen Villacorta, and the Symphonic Band of the Palm Beaches, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2019-10-21

Snippet: §§ 1011.32(13), 1011.85(13), 1011.94(8), 1013.79(12), Fla. Stat. (2011).

Corcoran v. Geffin

Court: District Court of Appeal of Florida | Date Filed: 2018-06-28

Citation: 250 So. 3d 779

Snippet: §§ 1011.85(13), 1011.32(13), 1011.94(8), 1013.79(12), Fla. Stat. Respondents' complaints asserted five

In Re Amend. to Florida Family Law Rules

Court: Supreme Court of Florida | Date Filed: 2008-10-16

Citation: 995 So. 2d 407, 33 Fla. L. Weekly Supp. 834, 2008 Fla. LEXIS 1976, 2008 WL 4587198

Snippet: Representation; (8) 12.900(h), Notice of Related Cases; (79) 12.901(a), Petition for Simplified Dissolution of

Winkler v. Moore

Court: Supreme Court of Florida | Date Filed: 2002-04-25

Citation: 831 So. 2d 63, 2002 WL 717819

Snippet: 20 *79 12/20/1988

McDaniel v. Musgrove

Court: District Court of Appeal of Florida | Date Filed: 1983-03-15

Citation: 427 So. 2d 1091, 1983 Fla. App. LEXIS 18835

Snippet: deceased, being Liberty County Court Case No. 79-12-CP-02. The gist of the complaint was that McDaniel's

In Re Estate of Matchett

Court: District Court of Appeal of Florida | Date Filed: 1981-01-21

Citation: 394 So. 2d 437

Snippet: Florence Johnson Livingston, Deceased, Appellee. Nos. 79-12, 79-13. District Court of Appeal of Florida, Fifth

Baum v. Coronado Condominium Ass'n, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1979-11-13

Citation: 376 So. 2d 914

Snippet: ASSOCIATION, INC., a Florida Corporation, Appellee. No. 79-12. District Court of Appeal of Florida, Third District

Ago

Court: Florida Attorney General Reports | Date Filed: 1979-02-14

Snippet: supervision of, the head of the department. See also AGO 079-12 (employees of the Canal Authority are eligible

Harrold v. Stock

Court: Supreme Court of Florida | Date Filed: 1953-05-26

Citation: 65 So. 2d 477

Snippet: amounts were paid so Stock was due a balance of $13,079.12 on his note. The result of the liquidation agreement

Allison v. Baker

Court: Supreme Court of Florida | Date Filed: 1943-01-05

Citation: 11 So. 2d 578, 152 Fla. 274, 1943 Fla. LEXIS 885

Snippet: and hear habeas corpus writs. Sections 79.01 to 79.12, Florida Statutes 1941, prescribe proceedings in

Tampa Shipbuilding & Engineering Co. v. City of Tampa

Court: Supreme Court of Florida | Date Filed: 1931-07-27

Citation: 136 So. 458, 102 Fla. 549

Snippet: Waterworks Co., 41 La. Ann. 910, 7 So. 9; s. c. 142 U.S. 79, 12 Sup. Ct. 142, 35 L. ed. 943; City of Frankfort

Reese v. Levin

Court: Supreme Court of Florida | Date Filed: 1929-09-11

Citation: 123 So. 809, 98 Fla. 397, 1929 Fla. LEXIS 1204

Snippet: R. 76,49 L.Ed. 263; Tyler v. Savage, 143 U.S. 79, 12 Sup. Ct. R. 340,36 L.Ed. 82; Shelby v. Tardy, 84

State ex rel. Triay v. Burr

Court: Supreme Court of Florida | Date Filed: 1920-03-19

Citation: 79 Fla. 290, 84 So. 61

Snippet: Conery v. New Orleans Water Works Co., 142 U. S. 79, 12 Sup. Ct. Rep. 142; Hunter v. City of Pittsburg

Pinellas Packing Co. v. Clearwater Citrus Growers' Ass'n

Court: Supreme Court of Florida | Date Filed: 1918-02-13

Citation: 75 Fla. 247, 78 So. 16

Snippet: 11 S. W. Rep. 388; Tyler v. Savage, 143 U. S. 79, 12 Sup. Ct. Rep. 340. It appeared from the testimony

Hendry v. Whidden

Court: Supreme Court of Florida | Date Filed: 1904-06-15

Citation: 48 Fla. 268

Snippet: 9 Sup. Ct. Rep. 594; Tyler v. Savage, 143 U. S. 79, 12 Sup. Ct. Rep. 340; DeCottes v. Clarkson, 43 Fla