BRANDON M. CARTER
v.
STATE OF FLORIDA
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A petition for writ of habeas corpus must be dismissed as unauthorized when it seeks to litigate issues that could have been or were raised on direct appeal or in postconviction motions.
[1] A habeas corpus petition must be dismissed as unauthorized when the issues raised 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”
The court cited Baker v. State, 878 So. 2d 1236 (Fla. 2004) as the basis for dismissing the petition.
Brandon M. Carter, 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. 1D18-2690 _____________________________
BRANDON M. CARTER,
Petitioner,
v.
STATE OF FLORIDA,
Respondent. _____________________________
Petition for Writ of Habeas Corpus—Original Jurisdiction.
November 30, 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). Petitioner is cautioned that abusive, repetitive, malicious, or frivolous filings will result in sanctions such as a bar on pro se filing in this Court or referral to prison officials for disciplinary proceedings. See State v. Spencer, 751 So. 2d 47 (Fla. 1999); § 944.279(1), Fla. Stat. RAY, KELSEY, and JAY, JJ., concur.
2
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Brandon M. Carter, pro se, Petitioner.
Pamela Jo Bondi, Attorney General, Tallahassee, for Respondent.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Baker v. State, 878 So. 2d 1236 (Fla. 2004)
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)