George Stephenson v. Everett Rice

The petitioner seeks a writ of habeas corpus contending that he is being held unlawfully without the state properly establishing probable cause to believe that he has committed an offense. We agree with his argument and grant the writ of habeas corpus. The petitioner was arrested for two counts of sexual battery. When he had not been charged by indictment or information within twenty-one days from his arrest, he demanded an adversary preliminary hearing as authorized by Florida Rule of Criminal Procedure 3.133(b).