MARK P. MONROE
v.
STATE OF FLORIDA
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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 an unauthorized 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)
Mark P. Monroe, proceeding pro se, filed a petition for writ of habeas corpus in the First District Court of Appeal.…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D18-2225 _____________________________
MARK P. MONROE,
Petitioner,
v.
STATE OF FLORIDA,
Respondent. _____________________________
Petition for Writ of Habeas Corpus—Original Jurisdiction.
October 18, 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 WINSOR, JJ., concur.
2
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Mark P. Monroe, pro se, Petitioner.
Pamela Jo Bondi, Attorney General, Tallahassee, for Respondent.