JERRY MCAFFEE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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[*1070] KELLY, Judge.
Jerry McAffee appeals the summary dismissal of his petition for writ of habeas corpus and the denial of his motion for rehearing, alleging three claims of prosecutorial misconduct. Because McAffee is precluded from raising his claims in a petition for writ of habeas corpus, we affirm the order of the trial court dismissing McAffee’s petition. See White v. Dugger, 511 So. 2d 554 (Fla.1987) (holding that ha-beas corpus is not the proper vehicle to raise issues that should have and could have been raised on direct appeal or in a Florida Rule of Criminal Procedure 3.850 proceeding). Our affirmance is without prejudice to any right McAffee may have to file a timely, facially sufficient rule 3.850 motion based on newly discovered evidence. See Ford v. State, 912 So. 2d 388 (Fla. 2d DCA 2005). Any such motion will not be considered successive.
Affirmed.
STRINGER and VILLANTI, JJ., Concur.
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Gerome v. State (Fla. 3d DCA 2023)
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Gerome v. State (Fla. 3d DCA 2023)…late disclosure of evidence.” However, Gerome is precluded from raising these issues in a petition for a writ of habeas corpus; prosecutorial misconduct allegations should be raised on direct appeal or via a 3.850 proceeding. See McAffee v. State, 925 So. 2d 1069, 1070 (Fla. 2d DCA 2006). III. Trial court errors “[A]n error that is actually reviewable on direct appeal as ‘fundamental error’ cannot be raised on postconviction review except as a matter of ineffective assistance of counsel.” Hughes v. State, 2…
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Lee v. Sec'y, Fla. Dep't of Corr. (Baker County) (M.D. Fla. 2025)…in Ground Three of his Petition or Memorandum, see Petition at 12; Memo at 21-22. While Lee may have presented the prosecutorial misconduct claim in his State Habeas Petition, it was not cognizable as such within that petition. See McAffee v. State, 925 So. 2d 1069, 1070 (Fla. 2d DCA 2006) (finding claims of prosecutorial misconduct were precluded from review in a 9.141 habeas petition); Gerome v. State, 368 So. 3d 38, 41 (Fla. 3d DCA 2023) (“However, [petitioner] is precluded from raising these issues in a pe…
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- Beauford White v. Dugger, 511 So. 2d 554 (Fla. 1987)
- Ford v. State, 912 So. 2d 388 (Fla. 2d DCA 2005)