LENSON A. HARGRAVE, PETITIONER,
v.
LOUIE L. WAINWRIGHT, RESPONDENT
PER CURIAM.
The petitioner, Lenson A. Har-grave, has presented by petition for writ of habeas corpus two issues which could have been raised, but were not raised, on his direct appeal. It is well settled that habeas corpus may not be used as a vehicle to raise for the first time issues that the petitioner could have raised during the formal trial and on appeal. State v. Mayo, 87 So. 2d 501 (Fla.1956); Irvin v. Chapman, 75 So. 2d 591 (Fla.1954), cert. denied, 348 U.S. 915, 75 S.Ct. 297, 99 L.Ed. 718 (1955). Cf. Spenkelink v. State, 350 So. 2d 85 (Fla.), cert. denied, 434 U.S. 960, 98 S.Ct. 492, 54 L.Ed.2d 320 (1977) (issue first raised on review under Florida Rule of Criminal Procedure 3.850). Accordingly, the petition for writ of habeas corpus and the application for a stay of execution pending our disposition of this matter are hereby denied.
It is so ordered.
SUNDBERG, C. J., and ADKINS, BOYD, OVERTON, ENGLAND, ALDERMAN and McDONALD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Pompey v. Cochran, 685 So. 2d 1007 (Fla. 4th DCA 1997)…653 (Fla.1954). Moreover, habeas corpus should not be used as a vehicle to raise issues which should have been presented in trial court. McCrae, 439 So. 2d at 870. Habeas corpus may not be used in place of a remedy by appeal. Hargrave v. Wainwright, 388 So. 2d 1021 (Fla.1980) (habeas corpus may not be used as vehicle to raise for first time issues that petitioner could have raised on appeal). Thus, habeas corpus is not available to allow a court to examine the individual justice or merits of the detention. She…
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Witt v. State, 465 So. 2d 510 (Fla. 1985)…tled to either writ. We have repeatedly stated that a petition for a writ of habeas corpus cannot be used as a vehicle to present issues that should have been raised on appeal. McCrae v. Wainwright, 439 So. 2d 868 (Fla.1983); Hargrave v. Wainwright, 388 So. 2d 1021 (Fla.1980). Further, a writ of error coram nobis is used to correct errors of fact, not errors of law. Leavitt v. State, 116 Fla. 738, 156 So. 904 (1934). The evidence upon which Witt’s petition is based is insufficient to warrant the issuance of th…
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Thompson v. State, 410 So. 2d 500 (Fla. 1982)…r the first time, issues that the petitioner could have raised during the initial appeal on the merits, nor may they be used to retry issues previously litigated on direct appeal. Barclay v. State, 408 So. 2d 1020 (Fla.1981); Hargrave v. Wainwright, 388 So. 2d 1021 (Fla.1980); Witt v. State, 387 So. 2d 922 (Fla.1980). On this record, no evidentiary hearing was required. We conclude the trial court properly determined that appellant is not entitled to any relief as a matter of law. Graham v. State, 372 So. 2d 1…
Previewing 3 of 21 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Spenkelink v. State, 350 So. 2d 85 (Fla. 1977)
- Illinois ex rel. Daly v. Stratton, 348 U.S. 915 (U.S. 1955)
- Jeffries v. United States, 434 U.S. 960 (U.S. 1977)
- Scott v. Parole Bd. of Ky., 434 U.S. 960 (U.S. 1977)
- Irvin v. Chapman, 75 So. 2d 591 (Fla. 1954)
- Alton LOY v. State, 87 So. 2d 501 (Fla. 1956)
- State of Fla. ex rel. Charlie Copeland, Jr. v. Mayo, 87 So. 2d 501 (Fla. 1956)