WOULLARD
v.
DIXON
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A habeas corpus petition is frivolous when it raises issues that could have been, should have been, or were raised on direct appeal or in a rule 3.850 motion.
[1] A habeas corpus petition is frivolous when it seeks to raise on collateral review issues that could have been, should have been, or were raised on direct appeal or in a r…
[2] A court may bar a pro se litigant from filing future pro se pleadings after determining that the litigant has filed repetitious and frivolous pleadings, provided the liti…
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Join FLexlaw to unlock all legal intelligence“habeas corpus petitions 'are not to be used for additional appeals on questions which could have been, should have been, or were raised on appeal or in a rule 3.850 motion'”
Court citing Windom v. State to explain the proper scope of habeas corpus petitions
Duane Woullard, a Florida Department of Corrections inmate, filed a petition for a writ of habeas corpus. Woullard has filed numerous pro se appeals i…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
DUANE WOULLARD, Appellant,
v.
RICHARD COMERFORD, Secretary, Florida Department of Corrections, Appellee.
No. 1D2025-3254
On appeal from the Circuit Court for Jefferson County.
J. Layne Smith, Judge.
July 22, 2026
PER CURIAM.
Duane Woullard appeals the circuit court's order dismissing his petition for a writ of habeas corpus. Finding no error, we affirm.
Because habeas corpus petitions “are not to be used for additional appeals on questions which could have been, should have been, or were raised on appeal or in a rule 3.850 motion,” Windom v. State, 416 So. 3d 1140, 1152 (Fla. 2025), Woullard's current petition is frivolous. We note that Woullard has filed numerous other pro se appeals in this court under at least two
names-Dexter Woullard and Duane Woullard.* Both names are associated with Florida Department of Corrections prisoner number 072248. The court finds that this appeal is frivolous and warns Woullard that any future filings this court determines to be frivolous or malicious may result in a prohibition against any future pro se filings in this court. See State v. Spencer, 751 So. 2d 47, 49 (Fla. 1999) (explaining that, when a litigant has filed repetitious and frivolous pro se pleadings, a court may bar any future pro se filings after providing the litigant with notice and a reasonable opportunity to be heard).
AFFIRMED.
ROBERTS, NORDBY, and NEFF, JJ., concur.