MARK P. MONROE
v.
STATE OF FLORIDA

Fla. 1st DCA | 2018-10-18
No. 18-2225
Roberts, J., Ray, J., Winsor, J.
Florida District Court of Appeal, First District (2018)

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Holding

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.


Headnotes

[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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Key Quotes

“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)

Facts & Procedural History

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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Opinion of the Court
Winsor

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.


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