BRASBY
v.
STATE OF FLORIDA, FLORIDA DEPARTMENT OF CORRECTIONS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Habeas corpus is not available in Florida to obtain collateral postconviction relief that is available through a rule 3.850 motion in the sentencing court.
[1] Habeas corpus is not an available remedy in Florida to obtain collateral postconviction relief that may be pursued through a rule 3.850 motion in the sentencing court.
Previewing 1 of 1 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“The remedy of habeas corpus is not available in Florida to obtain the kind of collateral postconviction relief available by motion in the sentencing court pursuant to rule 3.850.”
Court's citation to Baker v. State, 878 So. 2d 1236, 1245 (Fla. 2004)
Wayne F. Brasby, an inmate, filed a habeas corpus petition against the Florida Department of Corrections and the State of Florida.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Pro Se Litigant cases and more on FLexlaw
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D2023-2972 _____________________________
WAYNE F. BRASBY,
Appellant,
v.
FLORIDA DEPARTMENT OF
CORRECTIONS, STATE OF
FLORIDA et al.,
Appellee. _____________________________
On appeal from the Circuit Court for Santa Rosa County.
J. Scott Duncan, Judge.
August 7, 2024
PER CURIAM.
AFFIRMED. See Baker v. State, 878 So. 2d 1236, 1245 (Fla. 2004) (“The remedy of habeas corpus is not available in Florida to obtain the kind of collateral postconviction relief available by motion in the sentencing court pursuant to rule 3.850.”).
Appellant is warned that any future filings that this court determines to be frivolous may result in the imposition of sanctions, including a prohibition against any further pro se filings in this court and a referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes (2023) (providing that “[a] prisoner who is found by a
2 court to have brought a frivolous or malicious suit, action, claim, proceeding, or appeal” is subject to disciplinary procedures pursuant to the rules of the Department of Corrections).
ROBERTS, RAY, and KELSEY, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Wayne F. Brasby, pro se, Appellant.
No appearance for Appellees.