Mark Henry v. Runner O. Santana, Respondent

Summary

The Florida Supreme Court held that a petition for a writ of habeas corpus seeking immediate release may not be sua sponte dismissed for failure to allege exhaustion of administrative remedies when that issue was not raised by the parties. It affirmed the First District Court of Appeal, reversed the trial court’s dismissal, and remanded with instructions to issue an order to show cause to the Department of Corrections.