WALTER H. CARY III
v.
STATE OF FLORIDA
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A petition for writ of habeas corpus should be dismissed when the petitioner has a pending direct appeal available as an adequate alternative remedy.
[1] A petition for writ of habeas corpus may be dismissed when the petitioner has a pending direct appeal available as an adequate alternative remedy.
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Join FLexlaw to unlock all legal intelligenceWalter H. Cary III filed a petition for writ of habeas corpus in the First District Court of Appeal. At the time of the petition, Cary had a pending d…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D19-1860 _____________________________
WALTER H. CARY III,
Petitioner,
v.
STATE OF FLORIDA,
Respondent. _____________________________ Petition for Writ of Habeas Corpus—Original Jurisdiction.
June 7, 2019
PER CURIAM. In light of Petitioner’s pending direct appeal in case 1D19- 1123, the petition for writ of habeas corpus is dismissed. ROWE, MAKAR, and KELSEY, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
2
Walter H. Cary III, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent.