JOHN ANDERSON ROBBINS, APPELLANT,

v.

STATE OF FLORIDA AND RICHARD DUGGER, APPELLEES

Citator

Cited By

• Heldrado Zuluaga v. State, 32 So. 3d 674 (Fla. 1st DCA 2010)
  …r should have been raised on direct appeal, or which could have been, should have been, or were raised in post-conviction proceedings. Breedlove v. Singletary, 595 So. 2d 8, 10 (Fla.1992); Mills v. Dugger, 574 So. 2d 68 (Fla.1990); Robbins v. State, 564 So. 2d 256 (Fla. 1st DCA 1990). The trial court did not err in failing to treat the petition for writ of habeas corpus as a postconviction motion to correct sentence. Generally, “[i]f a party seeks an improper remedy, the cause shall be treated as if the prop…
• Wood v. State, 698 So. 2d 293 (Fla. 1st DCA 1997)
  …rcumvent, the rule. By analogy, the case law precludes resort to a petition for writ of habeas corpus to pursue the time-barred claims of persons who are in custody. See, e.g., Patterson v. State, 664 So. 2d 31 (Fla. 4th DCA 1995); Robbins v. State, 564 So. 2d 256 (Fla. 1st DCA 1990). Because the appellant’s petition in the present case was filed beyond the two-year time limitation, it was properly denied as untimely. See Vonia v. State, 680 So. 2d 438 (Fla. 2d DCA 1996). We recognize that the court in Malc…
• Patterson v. State, 664 So. 2d 31 (Fla. 4th DCA 1995)
  …edings). Moreover, habeas corpus is not a vehicle for obtaining additional appeals on issues which were raised or should have been raised on appeal or could have been challenged pursuant to Florida Rule of Criminal Procedure 3.850. Robbins v. State, 564 So. 2d 256, 257 (Fla. 1st DCA 1990). It has been held that Rule 3 (3.850 motions) completely superseded habeas corpus as the means of collateral attack of a judgment and sentence in Florida. State v. Broom, 523 So. 2d 639 (Fla. 2d DCA 1988). As such, the rul…

Authorities Cited

• Beauford White v. Dugger, 511 So. 2d 554 (Fla. 1987)
• Dettman v. Laurence Byron Reid, 370 So. 2d 420 (Fla. 4th DCA 1979)
• Robbins v. State, 370 So. 2d 420 (Fla. 1st DCA 1979)