State ex rel. Guthrie v. Fender
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The Supreme Court affirmed the judgment of the Eleventh District Court of Appeals dismissing Appellant's declaratory judgment and habeas claims but transferring his mandamus claim to the Tenth District Court of Appeals, holding that there was no error.
Appellant, an inmate, filed an original action asserting that the revocation of his parole violated his rights to due process, free speech, and equal protection. Appellant sought a declaratory judgment of wrongful imprisonment, a writ of habeas corpus ordering his release from prison, and a writ of mandamus ordering the warden and the chair of the parole board to comply with established controlling law. The Eleventh District dismissed all but the mandamus claim then transferred the action to the Tenth District. The Supreme Court affirmed, holding that Appellant's potential remedy lay in mandamus.
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