Fla. R. Crim. P. 3.820 · X. CONDUCT OF TRIAL; JURY INSTRUCTIONS
HABEAS CORPUS
Text — October 1, 2026 edition
(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.
Notes and commentary — not rule text
Committee Notes
1968 Adoption. Same as section 922.03, Florida Statutes.
1972 Amendment. Same as prior rule, but some terminology has been changed.
Source of truth
- Edition
- October 1, 2026 edition
- Official file
- https://www-media.floridabar.org/uploads/2026/10/2027_04-Oct-Criminal-Procedure-Rules-10-1-2026.pdf (PDF pages 330–331)
- Text hash
- sha256 0f92459c3e84d531951c09a8dc3240fe0cbd8ee2ecaa4a2cf443f61b61089a49
- Composed by
- compose_book.py 2026-10-03: pypdfium2 primary, PyMuPDF check, PDF bookmarks as the inventory
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.