KARL JOSEPH DENHART, APPELLANT,
v.
RICHARD L. DUGGER, AS SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, RANDALL R. MUSIC, AS SUPERINTENDENT, APPELLEES

Fla. 1st DCA | 1990-10-10
No. 89-1146
ERVIN, JOANOS and BARFIELD, JJ., concur.
567 So. 2d 1041 Florida District Court of Appeal, First District (1990) Positive Treatment
Cited by 72 cases
Topics
Exhaustion Of Remedies Writ Of Habeas Corpus Postconviction Relief

Explore caselaw by topic → Browse Exhaustion Of Remedies cases and more on FLexlaw

Opinion of the Court
PER CURIAM.

PER CURIAM.

Karl Denhart was convicted in the Circuit Court for Marion County of multiple counts of possession of photographs representing sexual conduct by a child. He was incarcerated in Dixie County and filed a petition for writ of habeas corpus in the circuit court there, alleging that the facts would only support conviction on one count. The petition was denied on grounds that the issue presented could have been raised on direct appeal or by a motion for post-conviction relief. Denhart appealed to this court.

We find that the trial court properly denied habeas relief because of the existence of-alternate remedies. Jackson v. State, 526 So. 2d 763 (Fla. 1st DCA 1988). Further, there is no merit to appellant’s claim that the requirement of exhaustion of the post-conviction motion remedy infringes on his constitutional right to the writ of habe-as corpus. Mitchell v. Wainwright, 155 So. 2d 868 (Fla.1963).

AFFIRMED.

ERVIN, JOANOS and BARFIELD, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (36 total)

  • Laron A. Mingo v. State, 889 So. 2d 114 (Fla. 1st DCA 2004)
    …PER CURIAM. The petition for writ of habeas corpus is denied as proeedurally barred. Denhart v. Dugger, 567 So. 2d 1041 (Fla. 1st DCA 1990). WOLF, C.J., BENTON and VAN NORTWICK, JJ., concur.…
  • Lewis v. State, 869 So. 2d 1246 (Fla. 1st DCA 2004)
    …PER CURIAM. The petition for writ of habeas corpus is denied as procedurally barred. See Denhart v. Dugger, 567 So. 2d 1041 (Fla. 1st DCA 1990). BARFIELD, BROWNING and LEWIS, JJ., concur.…
  • Moore v. State, 912 So. 2d 616 (Fla. 1st DCA 2005)
    …PER CURIAM. DENIED. Denhart v. Dugger, 567 So. 2d 1041 (Fla. 1st DCA 1990). DAVIS, BENTON and VAN NORTWICK, JJ., concur.…

Previewing 3 of 36 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw