LUXAMA
v.
DEPARTMENT OF CORRECTIONS
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A habeas corpus petition may be dismissed rather than transferred when it raises untimely, successive, or frivolous postconviction challenges that could have been raised earlier or constitute a second or successive motion under rule 3.850.
[1] A habeas corpus petition may be dismissed rather than transferred when it seeks relief that would be untimely as a postconviction motion, raises claims that could have be…
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Join FLexlaw to unlock all legal intelligence“courts may dismiss, rather than transfer, habeas petitions that seek relief which '(1) would be untimely if considered as a motion for postconviction relief under rule 3.850, (2) raise claims that could have been raised at trial or, if properly preserved, on direct appeal of the judgment and sentence, or (3) would be considered a second or successive motion under rule 3.850 that either fails to allege new or different grounds for relief that were known or should have been known at the time the first motion was filed'”
Court's statement of the legal standard for dismissing habeas petitions, citing Baker v. State
Paul Luxama, serving a life sentence for crimes committed in Broward County, filed a habeas corpus petition in Dixie County after his Broward County c…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D2023-0915 _____________________________
PAUL LUXAMA,
Appellant,
v.
FLORIDA DEPARTMENT OF
CORRECTIONS,
Appellee. _____________________________
On appeal from the Circuit Court for Dixie County. Jennifer Jones Johnson, Judge.
December 23, 2024
PER CURIAM.
Paul Luxama, a Dixie County inmate serving a life sentence for crimes committed in Broward County, appeals an order dismissing his petition for writ of habeas corpus. Finding no error by the circuit court, we affirm. See Baker v. State, 878 So. 2d 1236, 1246 (Fla. 2004) (explaining that courts may dismiss, rather than transfer, habeas petitions that seek relief which “(1) would be untimely if considered as a motion for postconviction relief under rule 3.850, (2) raise claims that could have been raised at trial or, if properly preserved, on direct appeal of the judgment and sentence, or (3) would be considered a second or successive motion under rule 3.850 that either fails to allege new or different grounds for relief that were known or should have been known at the time
* The Broward County judgment and sentence were affirmed in 2009. See Luxama v. State, 1 So. 3d 1146 (Fla. 4th DCA 2009). Since then, Appellant has filed numerous petitions and appeals challenging his judgment and sentence in the Fourth District Court of Appeal and the Florida Supreme Court. See Luxama v. Inch, No. SC21-601, 2021 WL 2132787 (Fla. May 26, 2021) (dismissing a petition for writ of habeas corpus); Luxama v. State, No. SC18-1199, 2018 WL 4360872 (Fla. Sept. 12, 2018) (denying a petition for writ of mandamus and stating that the supreme court “generally will not consider the repetitive petitions of persons who have abused the judicial processes of the lower courts such that they have been barred from filing certain actions there”); Luxama v. Jones, No. SC16-580, 2016 WL 3486421 (Fla. June 27, 2016) (denying a petition for writ of habeas corpus raising the same issue as the previous habeas petition); Luxama v. Jones, No. SC15-2378, 2016 WL 1122312 (Fla. Mar. 22, 2016) (denying a petition for writ of habeas corpus to the extent that it sought review of the opinion in Luxama’s direct appeal and dismissing it to the extent that it sought review of a postconviction appeal); Luxama v. State, 228 So. 3d 571 (Fla. 4th DCA 2017) (affirming the denial of a petition for writ of habeas corpus); Luxama v. State, 211 So. 3d 1053 (Fla. 4th DCA 2016) (affirming the denial of a motion for postconviction relief); Luxama v. State, 145 So. 3d 110 (Fla. 4th DCA 2013) (affirming the denial of a motion for postconviction relief); Luxama v. State, 68 So. 3d 248 (Fla. 4th DCA 2011) (affirming the denial of a motion to correct illegal sentence).
AFFIRMED.
RAY, BILBREY, and LONG, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Paul Luxama, Appellant, pro se.
Ashley Moody, Attorney General, and Anne Catherine Conley, Assistant Attorney General, Tallahassee, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Baker v. State, 878 So. 2d 1236 (Fla. 2004)
- Marc v. Miller, 172 So. 3d 574 (Fla. 1st DCA 2015)
- Luxama v. State, 1 So. 3d 1146 (Fla. 4th DCA 2009)
- Hecht Consulting Corp. v. Island, 211 So. 3d 1053 (Fla. 4th DCA 2016)