ALDEAN HARPER
v.
STATE OF FLORIDA
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Habeas corpus is not available in Florida to obtain collateral postconviction relief that is available through rule 3.850 motions in the sentencing court, nor can it be used to litigate or relitigate issues that could have been raised on direct appeal.
[1] Habeas corpus is not available in Florida as a remedy for collateral postconviction relief that is properly pursued through rule 3.850 motions in the sentencing court or…
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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.”
Baker v. State, 878 So. 2d 1236, 1245 (Fla. 2004)
Aldean Harper filed a habeas corpus petition in the Circuit Court for Miami-Dade County. The petition sought relief that could have been obtained thro…
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Third District Court of Appeal State of Florida
Opinion filed June 18, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D25-0195 Lower Tribunal No. F02-11330 ________________
Aldean Harper, Appellant,
vs.
State of Florida, Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.315(a) from the Circuit Court for Miami-Dade County, Lody Jean, Judge.
Aldean Harper, in proper person.
James Uthmeier, Attorney General, and Yolande M. Samerson, Assistant Attorney General, for appellee.
Before GORDO, BOKOR and GOODEN, JJ.
PER CURIAM.
2
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.”); Breedlove v. Singletary, 595 So. 2d 8, 10 (Fla. 1992) (“Habeas corpus is not a second appeal and cannot be used to litigate or relitigate issues which could have been, should have been, or were raised on direct appeal.”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Baker v. State, 878 So. 2d 1236 (Fla. 2004)
- McArthur Breedlove v. Singletary, 595 So. 2d 8 (Fla. 1992)