BYRON J. TISDOL, ETC.
v.
STATE OF FLORIDA
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Habeas corpus relief is not available to obtain collateral postconviction relief when claims can be raised by motion pursuant to Florida Rule of Criminal Procedure 3.850.
[1] Habeas corpus relief is not available to obtain collateral postconviction relief when the claims at issue can be raised by motion pursuant to Florida Rule of Criminal Pro…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Habeas corpus is not to be used for additional appeals of issues that could have been, should have been, or were raised on appeal or in other postconviction motions.”
Mills v. Dugger, 559 So. 2d 578, 579 (Fla. 1990)
Byron J. Tisdol filed a habeas corpus petition in the Third District Court of Appeal seeking relief from a criminal conviction.…
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Third District Court of Appeal
State of Florida
Opinion filed August 20, 2026.
Not final until disposition of timely filed motion for rehearing.
No. 3D26-0695
Lower Tribunal No. F08-36251
Byron J. Tisdol, etc.,
Petitioner,
VS.
State of Florida,
Respondent.
A Case of Original Jurisdiction–Habeas Corpus. Ripley Law, PLLC, and Dan Ripley (Pinellas Park), for petitioner. James Uthmeier, Attorney General, and Daihana Chang, Assistant Attorney General, for respondent.
Before SCALES, C.J., and MILLER and GOODEN, JJ. PER CURIAM.
Petition denied. See Tisdol v. State, 878 So. 2d 428 (Fla. 3d DCA 2004), review dismissed, SC04-1811 (Fla. Sept. 17, 2004); Baker v. State, 878 So. 2d 1236, 1242 (Fla. 2004) (“[W]ith limited exceptions, habeas corpus relief is not available to obtain collateral postconviction relief because most claims can be raised by motion pursuant to Florida Rule of Criminal Procedure 3.850.”); Mills v. Dugger, 559 So. 2d 578, 579 (Fla. 1990) ("Habeas corpus is not to be used for additional appeals of issues that could have been, should have been, or were raised on appeal or in other postconviction motions."); see also Parker v. State, 873 So. 2d 270, 278 (Fla. 2004) ("[T]he law of the case doctrine is narrower in application in that it bars consideration only of those legal issues that were actually considered and decided in a former appeal . . . ." (quoting Fla. Dep't of Transp. v. Juliano, 801 So. 2d 101, 107 (Fla. 2001))).
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Baker v. State, 878 So. 2d 1236 (Fla. 2004)
- Fla. Dep't OF Transp. v. Juliano, 801 So. 2d 101 (Fla. 2001)
- J.B. Parker v. State, 873 So. 2d 270 (Fla. 2004)
- Mills v. Dugger, 559 So. 2d 578 (Fla. 1990)
- Tisdol v. State, 878 So. 2d 428 (Fla. 3d DCA 2004)