ERNEST BARNWELL IV
v.
JULIE L. JONES, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS
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A petition for writ of habeas corpus is unauthorized when it seeks to litigate issues that could have been or were raised on direct appeal or in postconviction motions.
[1] Habeas corpus is not an appropriate remedy for issues that could have been or were raised on direct appeal or in postconviction motions.
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Join FLexlaw to unlock all legal intelligence“habeas corpus cannot be used to litigate issues that could have been or were raised on direct appeal or in postconviction motions”
Court's citation to Baker v. State, 878 So. 2d 1236 (Fla. 2004) in dismissing the petition
Ernest Barnwell IV, proceeding pro se, filed a petition for writ of habeas corpus against Julie L. Jones, Secretary of the Florida Department of Corre…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D18-0905 _____________________________
ERNEST BARNWELL IV,
Petitioner,
v.
JULIE L. JONES, Secretary, Florida Department of Corrections,
Respondent. _____________________________
Petition for Writ of Habeas Corpus—Original Jurisdiction.
June 28, 2018
PER CURIAM.
The petition for writ of habeas corpus is dismissed as unauthorized. See Baker v. State, 878 So. 2d 1236 (Fla. 2004) (habeas corpus cannot be used to litigate issues that could have been or were raised on direct appeal or in postconviction motions). ROBERTS, RAY, and KELSEY, JJ., concur.
2
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Ernest Barnwell IV, pro se, Petitioner.
No appearance for Respondent.