COREY D. HICKS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2008-04-11
No. 5D07-4076
SAWAYA, MONACO, and TORPY, JJ., concur.
979 So. 2d 360 Florida District Court of Appeal, Fifth District (2008) Positive Treatment
Cited by 4 cases
Topics
Writ Of Habeas Corpus Postconviction Relief

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant, Corey D. Hicks, seeks review of the denial by the trial court of his petition for writ of habeas corpus. Mr. Hicks essentially sought to assert a claim of ineffective collateral counsel growing out of his failed efforts to obtain post-conviction relief pursuant to rule 3.850, Florida Rules of Criminal Procedure.

We affirm the order denying the petition in all respects. As the trial court noted, a claim of ineffective assistance of collateral counsel does not provide a valid basis for relief. See Pennsylvania v. Finley, 481 U.S. 551, 107 S.Ct. 1990, 95 L.Ed.2d 539 (1987).

It appears that counsel retained by Mr. Hicks did file a timely, though unsuccessful, motion for post-conviction relief. If that is not the case, as Mr. Hicks may be implying, and if he otherwise qualifies, Mr. Hicks may have another avenue of relief under rule 3.850(b)(3).

AFFIRMED.

SAWAYA, MONACO, and TORPY, JJ., concur.

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Citator

Cited By

  • Travel Express Inv. Inc. v. AT & T Corp., 14 So. 3d 1224 (Fla. 5th DCA 2009)
    …ing parties to select and agree on a forum in which to resolve future disputes. Golden Palm Hospitality, 874 So. 2d at 1234 (quoting Manrique v. Fabbri, 493 So. 2d 437, 439 (Fla.1986)); see also Texas Auto Mart, Inc. v. Thrifty Rent-A-Car Sys. Inc., 979 So. 2d 360, 362 (Fla. 5th DCA 2008) (“Florida law authorizes parties to stipulate in their contract to the venue that will be used to interpret and enforce their contract.”); Weisser v. PNC Bank, N.A., 967 So. 2d 327 (Fla. 3d DCA 2007). Forum selection clauses…
  • Borroto v. State, 19 So. 3d 411 (Fla. 5th DCA 2009)
    …teral counsel relating to a motion filed on Borroto’s behalf pursuant to Florida Rule of Criminal Procedure 3.850. However, “a claim of ineffective assistance of collateral counsel does not provide a valid basis for [habeas] relief.” Hicks v. State, 979 So. 2d 360, 360 (Fla. 5th DCA 2008) (citing Pennsylvania v. Finley, 481 U.S. 551, 107 S.Ct. 1990, 95 L.Ed.2d 539 (1987)). Second, Borroto included a number of issues relating to his underlying conviction that should have been raised, if at all, on direct appea…
  • Garrison Prop. & Cas. Ins. Co. v. Pasco-Pinellas Hillsborough Cmty. Health Sys. (9th Cir. Ct. App. Div. 2018)

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