CURTIS ADAMS, JR., PETITIONER,
v.
LOUIE L. WAINWRIGHT, RESPONDENT
PER CURIAM.
This cause is before us upon a petition for a writ of habeas corpus. Petitioner alleges ineffective assistance of counsel and that he was not allowed to withdraw a coerced guilty plea.
Fla.R.Crim.P. 3.850 provides a means of relief whereby such issues may be addressed. Petitioner’s failure to assert exhaustion of this remedy precludes habeas relief. Henderson v. State, 184 So. 2d 646 (Fla.1966); Zuniga v. State, 184 So. 2d 659 (Fla. 1st DCA 1966), cert. denied, 189 So. 2d 635 (Fla.1966), cert denied, 385 U.S. 962, 87 S.Ct. 404, 17 L.Ed.2d 307 (1966); Fla.R.Crim.P. 3.850.
Accordingly, said petition is denied.
MILLS, C. J., and LARRY G. SMITH and WENTWORTH, JJ., concur.
ON PETITION FOR REHEARING
PER CURIAM.
This cause is before us upon petition for a writ of habeas corpus. Petitioner raises issues which were previously addressed by means of a Fla.R.Crim.P. 1.850 (now 3.850) motion for post-conviction relief. The trial court denied the motion and petitioner has failed to show a timely pursuit of appellate remedies under the Rule on those grounds; relief by habeas corpus is thus precluded. Stewart v. Wainwright, 206 So. 2d 211 (Fla.1968); Hillhouse v. State, 159 So. 2d 228 (Fla.1963); Fla.R.Crim.P. 3.850.
Accordingly, the petition is denied.
MILLS, C. J., and LARRY G. SMITH and WENTWORTH, JJ., concur.
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In re Est. OF Catherine W. Utley, 380 So. 2d 480 (Fla. 4th DCA 1980)…e right to assert it. We find that appellee’s claim fell within the purview of this section. The trial court cannot create an exception where the statute does not. In Re: Brown’s Estate, 117 So. 2d 478 (Fla.1960). See also In Re: Estate of Perlman, 381 So. 2d 248, (Fla. 4th DCA, Nov. 28, 1979). As to the waiver claim (which was actually an estoppel argument), the evidence was insufficient to establish that any conduct of the personal representative or his agents wrongfully induced the appellee to believe th…
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Steppe v. Louie Wainwright, 384 So. 2d 155 (Fla. 1st DCA 1980)…Fla.R.Crim.P. 3.850 provides a remedy by which the stated issue may be addressed. Petitioner’s failure to assert exhaustion of that remedy precludes relief by writ of habeas corpus. Henderson v. State, 184 So. 2d 646 (Fla.1966); Adams v. Wainwright, 381 So. 2d 248, (1st Fla.App. 1979); Fla.R.Crim.P. 3.850. Accordingly, the petition is denied. MILLS, C. J., and LARRY G. SMITH and WENTWORTH, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gemmel v. Buchkoe, 385 U.S. 962 (U.S. 1966)
- Wilson v. New Jersey, 385 U.S. 962 (U.S. 1966)
- AETNA Cas. & Sur. Co. OF Hartford v. Dessie E. Gresham, 206 So. 2d 211 (Fla. 1968)
- Zuniga v. State, 184 So. 2d 659 (Fla. 1st DCA 1966)
- Lehigh Portland Cement Co. & Aetna Cas. & Sur. Co. v. Tabor, 184 So. 2d 646 (Fla. 1966)
- Hillhouse v. State, 159 So. 2d 228 (Fla. 1963)
- O'Brien Assocs. & Shelby Mut. Ins. Co. v. John W. Smith & the Fla. Indus. Comm'n, 159 So. 2d 228 (Fla. 1963)
- Berkley v. Abc Liquors, 189 So. 2d 635 (Fla. 1966)
- Elliott v. State, 189 So. 2d 635 (Fla. 1966)