ROBERT COAKLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court affirmed the denial of a habeas corpus petition, even though the lower court incorrectly dismissed it for lack of jurisdiction. The court found that while the petition was filed in the wrong county, the issues raised could have and should have been addressed in prior appeals or post-conviction proceedings.
The Duval County circuit court erred in striking the petition for lack of jurisdiction, as it had jurisdiction to hear challenges to convictions. However, the appellate court affirmed the denial of the petition because the issues raised were not appropriate for habeas corpus relief.
[1] A habeas corpus petition must generally be filed in the circuit court for the county in which the petitioner is imprisoned.
[2] When a habeas corpus petition attacks a conviction by raising issues relating to the trial or the propriety of a plea, the trial court that imposed the sentence and rende…
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Join FLexlaw to unlock all legal intelligence“Normally, a habeas corpus petition must be filed in the circuit court for the county in which the petitioner is imprisoned.”
This quote establishes the general rule for filing habeas corpus petitions.
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Join FLexlaw to unlock all legal intelligenceRobert Coakley, convicted of armed robbery and conspiracy in 1997, filed a petition for a writ of habeas corpus in Duval County, challenging his convi…
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In 1997, Appellant, Robert Coakley was convicted in Duval County of armed robbery and conspiracy to commit armed robbery, and was sentenced as a habitual offender to life imprisonment. The judgment and sentence were affirmed on direct appeal in Coakley v. State, 731 So.2d 652 (Fla. 1st DCA 1999) (Table). In the instant case, Appellant challenges an order striking the petition for a writ habeas corpus he filed on March 15, 2010, in Duval County. According to the trial court, the petition should have been filed in Columbia County where Appellant is incarcerated.
Normally, a habeas corpus petition must be filed in the circuit court for the county in which the petitioner is imprisoned. See § 79.09, Florida Statutes (2009). But when a petitioner attacks his conviction by raising issues relating to the trial or to the propriety of a plea, the trial court that imposed the sentence and rendered the judgment of conviction has juris*792diction. See Collins v. State, 859 So.2d 1244, 1245 (Fla. 5th DCA 2003). In his petition, Appellant challenged his convictions asserting he was denied a fair trial because the court failed to give a particular jury instruction warranted by the evidence. Thus the circuit court for Duval County had jurisdiction over Appellant’s habeas corpus petition and erred in striking it. Nevertheless, we affirm because Appellant would not have been entitled to relief. “Habeas corpus is not a vehicle for obtaining additional appeals of issues which were raised or should have been raised on direct appeal, or which could have been, should have been, or were raised in post-conviction proceedings.” Zuluaga v. State, Dept. of Corrections, 32 So.3d 674, 677-78 (Fla. 1st DCA 2010). See Sheriff v. Moore, 781 So.2d 1146 (Fla. 1st DCA 2001) (concluding that trial court incorrectly denied habeas corpus petition for lack of jurisdiction but affirming denial because petition raised issues that could have been and should have been raised on appeal).
AFFIRMED.
THOMAS, ROBERTS, and MARSTILLER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Harris v. State, 133 So. 3d 1169 (Fla. 3d DCA 2014)…s petition attacks the validity of his underlying conviction by raising issues relating to the trial or the plea; under such circumstances, the petition must be filed in the circuit where the judgment of conviction was imposed. See Coakley v. State, 43 So. 3d 790 (Fla. 1st DCA 2010); Collins v. State, 859 So. 2d 1244 (Fla. 5th DCA 2003).…
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Bright v. Fla. Comm'n on Offender Review, 159 So. 3d 366 (Fla. 1st DCA 2015)…d the proper jurisdiction to review the petition. The trial court transferred the petition in this case after finding that the Appellant was attacking the legality of his original classification as a habitual felony offender. See Coakley v. State, 43 So. 3d 790 (Fla. 1st DCA 2010) (finding that the trial court that imposed the sentence has jurisdiction when an appellant attempts to attack his conviction by raising issues relating to the trial or the propriety of a plea). However, as conceded by the Appelle…
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D'Amico v. Connor (Fla. 1st DCA 2021)…in Liberty County. He petitioned in Liberty County rather than in Broward County where he was adjudicated and sentenced. A petition for a writ of habeas corpus should normally be filed in the county of the petitioner’s detention. Coakley v. State, 43 So. 3d 790, 791 (Fla. 1st DCA 2010). But if the petition attacks the validity of a judgment or sentence, the court that entered the judgment and imposed the sentence has jurisdiction. Torres v. State, 208 So. 3d 831 (Fla. 1st DCA 2017). Dismissal, rather…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Heldrado Zuluaga v. State, 32 So. 3d 674 (Fla. 1st DCA 2010)
- Collins v. State, 859 So. 2d 1244 (Fla. 5th DCA 2003)
- Miller v. State, 781 So. 2d 1146 (Fla. 1st DCA 2001)
- Harold R. Sheriff v. Moore, 781 So. 2d 1146 (Fla. 1st DCA 2001)