ABRAHAM JACKSON MPAKA
v.
STATE OF FLORIDA
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Petitioner Abraham Mpaka filed a pro se petition for writ of habeas corpus alleging ineffective assistance of appellate counsel. The court dismissed the petition as unauthorized because Mpaka was already represented by counsel in a pending direct appeal involving the same conviction and sentence.
A pro se petition for writ of habeas corpus must be dismissed as unauthorized when the petitioner is represented by court-appointed counsel in a pending appeal involving the same conviction and sentence. Any papers filed pro se addressing matters related to such ongoing proceedings are deemed unauthorized and subject to dismissal.
[1] A petition for writ of habeas corpus alleging ineffective assistance of appellate counsel is unauthorized by law when the petitioner is currently represented by counsel i…
[2] Pro se filings by litigants represented by counsel in pending criminal proceedings before a district court of appeal are unauthorized and subject to dismissal.
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Join FLexlaw to unlock all legal intelligence“Because Johnson is represented by court-appointed counsel in a pending appeal involving the same conviction and sentence, we dismiss the petition as unauthorized.”
Establishes the primary rule that pro se petitions must be dismissed when counsel is already representing the litigant in a related pending appeal
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Join FLexlaw to unlock all legal intelligenceAbraham Mpaka filed a pro se petition for writ of habeas corpus. At the time of filing, Mpaka was represented by court-appointed counsel in a pending …
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Third District Court of Appeal State of Florida
Opinion filed June 11, 2025. Not final until disposition of timely filed motion for rehearing.
No. 3D25-1014 Lower Tribunal No. F08-47375
Abraham Jackson Mpaka, Petitioner,
VS.
The State of Florida, Respondent.
A Case of Original Jurisdiction – Habeas Corpus.
Abraham Jackson Mpaka, in proper person. James Uthmeier, Attorney General, for respondent.
Before SCALES, LINDSEY, and LOBREE, JJ.
PER CURIAM.
Petitioner Abraham Mpaka filed a pro se Petition for Writ of Habeas Corpus alleging ineffective assistance of appellate counsel. However,
Mpaka is presently represented by counsel in a pending direct appeal of his criminal convictions in case number 3D2023-1454. Accordingly, we are compelled to dismiss his Petition as unauthorized by law. See Johnson v. State, 974 So. 2d 363, 363-65 (Fla. 2008) (“Because Johnson is represented by court-appointed counsel in a pending appeal involving the same conviction and sentence, we dismiss the petition as unauthorized. We also take this opportunity to clarify that the rule we announced in Logan v. State, 846 So. 2d 472 (Fla. 2003), applies to pro se filings in this Court by litigants represented by counsel in criminal proceedings pending in a district court of appeal. . . . Any papers filed pro se, addressing matters that are related to such ongoing proceedings, whether in the form of a petition, notice, motion, or another form of request for relief, will be deemed unauthorized and subsequently dismissed.").
Dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Logan v. State, 846 So. 2d 472 (Fla. 2003)
- Johnson v. State, 974 So. 2d 363 (Fla. 2008)