WILLIAM H. PATTERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Patterson appealed the denial of his habeas corpus petition challenging his conviction. The court affirmed, holding that Patterson's claims of involuntary plea and ineffective assistance of counsel are properly raised through post-conviction relief under Florida Rule 3.850, which has a two-year deadline that Patterson exceeded.
Habeas corpus is not an appropriate vehicle for raising claims of involuntary plea and ineffective assistance of trial counsel; these issues must be raised through post-conviction relief motions under Rule 3.850, which has a mandatory two-year time limit. Because Patterson's petition was untimely, the trial court properly denied it.
[1] A petition for writ of habeas corpus is not a vehicle for obtaining additional appeals on issues that were raised or should have been raised on appeal or could have been…
[2] Florida Rule of Criminal Procedure 3.850 completely superseded habeas corpus as the means of collateral attack of a judgment and sentence in Florida.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Rule 3 (3.850 motions) completely superseded habeas corpus as the means of collateral attack of a judgment and sentence in Florida.”
Establishes the fundamental procedural rule that post-conviction claims must use Rule 3.850, not habeas corpus.
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Join FLexlaw to unlock all legal intelligencePatterson filed a petition for writ of habeas corpus raising claims of involuntariness of plea and ineffective assistance of trial counsel. Patterson …
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GUNTHER, Chief Judge.
Appellant, William H. Patterson, defendant below (Defendant) appeals a circuit court’s denial of his petition for writ of habeas corpus. Because it is apparent that Defendant is seeking an untimely motion for post conviction relief pursuant to Florida Rule of Criminal Procedure 3.850, we affirm the denial.
Although Defendant filed a petition for writ of habeas corpus, his issues presented of involuntariness of plea and ineffective assistance of trial counsel do not fall under those most often raised in habeas corpus petitions. See Puffinberger v. Holt, 545 So. 2d 900 (Fla. 4th DCA 1989) (challenging denial of reasonable bail pending trial); Marshall v. Dugger, 526 So. 2d 143 (Fla. 3d DCA 1988) (raising a claim of ineffective assistance of appellate counsel); Galloway v. Josey, 507 So. 2d 590 (Fla.1987) (challenging legality of detention in extradition proceedings). 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 rule is intended to provide a complete and efficacious post conviction remedy to correct convictions on any grounds which subject them to collateral attack. Id. at 641. Rule 3.850 has specific time limitations and mandates that no motion shall be filed or considered pursuant to this rule if filed more than two years after the judgment and sentence become final in a noncapital case.
In the instant case, Defendant’s issues of involuntariness of plea and ineffective assistance of trial counsel are among those issues that should be raised by a motion for post-conviction relief, not a petition for habeas corpus. See generally Whitehead v. Dugger, 544 So. 2d 1070 (Fla. 4th DCA 1989); see also Brown v. Wainwright, 383 So. 2d 754 (Fla. 4th DCA 1980) (illegal sentence should be raised by motion for post-conviction relief and not petition for writ of habeas corpus). Defendant concedes that he was seeking post-conviction relief outside the two year time limit of rule 3.850. Accordingly, we affirm the trial court’s denial of Defendant’s petition for writ of habeas corpus.
AFFIRMED.
GLICKSTEIN and STONE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
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Baker v. State, 878 So. 2d 1236 (Fla. 2004)…‘for obtaining additional appeals of issues which were raised, or should have been raised, on direct appeal or which were waived at trial or which could have ... or have been, raised in’ prior postconviction filings.”); see also Patterson v. State, 664 So. 2d 31, 32 (Fla. 4th DCA 1995) (affirming circuit court’s denial of petition for writ of habeas corpus “[b]ecause it [was] apparent that [the] Defendant [was] seeking an untimely motion for post conviction relief pursuant to Florida Rule of Criminal Proced…
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Wright v. State, 857 So. 2d 861 (Fla. 2003)…ng issues which should have been raised at trial and on appeal or in postconviction proceedings. Id. The ha-beas process is therefore most often used in death penalty cases to challenge the effectiveness of appellate counsel. See Patterson v. State, 664 So. 2d 31, 31 (Fla. 4th DCA 1995) (citing a number of cases to illustrate the issues most often raised in habeas proceedings: ineffective assistance of appellate counsel, the denial of reasonable bail, and the legality of detention in extradition proceedings)…
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Richardson v. State, 918 So. 2d 999 (Fla. 5th DCA 2006)…'for obtaining additional appeals of issues which were raised, or should have been raised, on direct appeal or which were waived at trial or which could have ... or have been, raised in' prior postconviction filings.”); see also Patterson v. State, 664 So. 2d 31, 32 (Fla. 4th DCA 1995) (affirming circuit court's denial of petition for writ of habeas corpus "[b]e-cause it [was] apparent that [the] Defendant [was] seeking an untimely motion for post conviction relief pursuant to Florida Rule of Criminal Proce…
Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Broom, 523 So. 2d 639 (Fla. 2d DCA 1988)
- Robbins v. State of Fla. & Richard Dugger, 564 So. 2d 256 (Fla. 1st DCA 1990)
- Percival M. Marshall v. Dugger, 526 So. 2d 143 (Fla. 3d DCA 1988)
- Brown v. Louie L. Wainwright, 383 So. 2d 754 (Fla. 4th DCA 1980)
- Whitehead v. Dugger, 544 So. 2d 1070 (Fla. 4th DCA 1989)
- Puffinberger v. Holt, 545 So. 2d 900 (Fla. 4th DCA 1989)
- Lawyers Title Ins. Corp. v. D.S.C. OF Newark Enters., Inc., 544 So. 2d 1070 (Fla. 4th DCA 1989)
- Galloway v. Josey, 507 So. 2d 590 (Fla. 1987)