JAMIE A. BARNARD, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By (119 total)

• Baker v. State, 878 So. 2d 1236 (Fla. 2004)
  …viction motion. However, the courts of this state have correctly interpreted this provision to mean that “habeas corpus may not be used as a substitute for an appropriate motion seeking postconviction relief pursuant to the [rule].” Harris v. State, 789 So. 2d 1114, 1115 (Fla. 1st DCA 2001); see also Leichtman v. Singletary, 674 So. 2d 889, 891 (Fla. 4th DCA 1996) (“The remedy of habeas corpus is not available as a substitute for post-conviction relief under rule 3.850, Florida Rules of Criminal Procedure.”).…
• Valdez-Garcia v. State, 965 So. 2d 318 (Fla. 2d DCA 2007)
  …ally attack Mr. Valdez-Garcia’s judgment, the petition should have been treated as a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. See Curtis v. State, 870 So. 2d 180, 186 (Fla. 2d DCA 2004); Harris v. State, 789 So. 2d 1114, 1115 (Fla. 1st DCA 2001). Nevertheless, we affirm because any such motion was untimely and procedurally barred. Further, the circuit court was not required to transfer this petition to a circuit court with jurisdiction over the habeas petition beca…
• Richardson v. State, 918 So. 2d 999 (Fla. 5th DCA 2006)
  …otion. However, the courts of this state have correctly inter [*1003] preted this provision to mean that "habeas corpus may not be used as a substitute for an appropriate motion seeking postconviction relief pursuant to the [rule].” Harris v. State, 789 So. 2d 1114, 1115 (Fla. 1st DCA 2001); see also Leichtman v. Singletary, 674 So. 2d 889, 891 (Fla. 4th DCA 1996) ("The remedy of habeas corpus is not available as a substitute for post-conviction relief under rule 3.850, Florida Rules of Criminal Procedure.”).…

Authorities Cited

• Jordan v. State, 549 So. 2d 805 (Fla. 1st DCA 1989)
• Washington Trotter v. State, 746 So. 2d 1208 (Fla. 1st DCA 1999)
• Peterson v. State, 746 So. 2d 1208 (Fla. 1st DCA 1999)