DARREL HARVEY
v.
STATE OF FLORIDA, MARK S. INCH, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS
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A habeas corpus petition that challenges a conviction on direct appeal in another case is unauthorized and must be dismissed, and administrative challenges to Department of Corrections decisions must be addressed in circuit court.
[1] A habeas corpus petition that challenges a conviction on direct appeal in another case is unauthorized and must be dismissed as outside the court's jurisdiction.
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Join FLexlaw to unlock all legal intelligencePetitioner filed a habeas corpus petition challenging his conviction and/or an administrative decision by the Department of Corrections. The convictio…
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April 29, 2019 PER CURIAM.
To the extent the petition for writ of habeas corpus challenges Petitioner’s conviction that is on appeal in case number 1D18-2729, the petition is dismissed as unauthorized. To the extent the petition seeks review of an administrative decision of the Department of Corrections, the petition is dismissed without prejudice to seek review in the circuit court.
LEWIS, WETHERELL, and JAY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Darrell Harvey, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee; Kenneth S. Steely, General Counsel, Department of Corrections, Tallahassee, for Respondents.