SHARON HENDRIX, AS NATURAL MOTHER AND GUARDIAN OF RICHARD L. DICKS, A CHILD, PETITIONER,
v.
DAVID PINGREE, SECRETARY OF HEALTH & REHABILITATIVE SERVICES, STATE OF FLORIDA, RESPONDENT
SHARON HENDRIX, AS NATURAL MOTHER AND GUARDIAN OF RICHARD L. DICKS, A CHILD, PETITIONER,
DAVID PINGREE, SECRETARY OF HEALTH & REHABILITATIVE SERVICES, STATE OF FLORIDA, RESPONDENT
381 So. 2d 334
Florida District Court of Appeal, First District (1980)
Positive Treatment
Cited by 5 cases
Opinion of the Court
[*335] PER CURIAM.
This cause is before us upon petition for a writ of habeas corpus and other emergency relief. Petitioner raises issues which may properly be resolved upon a direct appeal which is now pending; such issues are not presently reviewable by way of habeas proceedings. State v. Cochran, 122 So. 2d 609 (Fla.1960). Petitioner presents no other factual allegations which would justify relief.
Accordingly, the petition is denied.
MILLS, C. J., and LARRY G. SMITH and WENTWORTH, JJ., concur. '
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Elisha Gilbert v. Singletary, 632 So. 2d 1104 (Fla. 4th DCA 1994)…al. As long as he is. represented by counsel on appeal and as long as his appeal continues to proceed, this court will not simultaneously entertain pro se collateral challenges such as this petition for writ of habeas corpus. See Hendrix v. Pingree, 381 So. 2d 334 (Fla. 1st DCA 1980). Habeas corpus is a collateral remedy, and is no substitute for a direct appeal. Witt v. State, 465 So. 2d 510 (Fla.1985). Neither is it available as a substitute for a motion for post-conviction relief. Garner v. Wainwright, 4…
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Harold R. Sheriff v. Moore, 781 So. 2d 1146 (Fla. 1st DCA 2001)…y event, the appellant’s petition for writ of habeas corpus should have been denied. The issues raised in the petition could have and should have been made on direct appeal. See Dennis v. State, 769 So. 2d 511(Fla. 5th DCA 2000); Hendrix v. Pingree, 381 So. 2d 334 (Fla. 1st DCA 1980). Furthermore, the appellant raises arguments on events occurring before entry of his plea. Therefore, the appellant is precluded from raising these arguments in a petition for habeas corpus. See Stano v. State, 520 So. 2d 278, 28…
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Caleb v. State (Fla. 3d DCA 2025)
Authorities Cited
- State ex rel. Gordon v. Sumrall, 122 So. 2d 609 (Fla. 1960)