RICHARD L. CHAMBLISS
v.
SEVENTEENTH JUDICIAL CIRCUIT COURT, BROWARD COUNTY AND STATE OF FLORIDA

Fla. 4th DCA | 2019-10-23
No. 19-3085
Florida District Court of Appeal, Fourth District (2019)

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Holding

A habeas corpus petition that raises procedurally barred postconviction claims that are untimely and successive is properly denied.


Headnotes

[1] A habeas corpus petition that seeks to raise postconviction claims is unauthorized when those claims are untimely, successive, and procedurally barred under the applicabl…

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Facts & Procedural History

Richard L. Chambliss filed a habeas corpus petition in the Seventeenth Judicial Circuit of Broward County relating to a criminal case from 1994.…

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Opinion of the Court

PER CURIAM.

The order denying appellant’s petition for writ of habeas corpus is summarily affirmed. Fla. R. App. P. 9.315(a). The petition was unauthorized, see Baker v. State, 878 So. 2d 1236, 1238 (Fla. 2004), and attempted to raise a procedurally barred postconviction claim. Thompson v. State, 88 So. 3d 312, 316 (Fla. 4th DCA 2012). The trial court correctly determined that, if treated as a rule 3.850 motion, the petition would be untimely and successive.

LEVINE, C.J., WARNER and MAY, JJ., concur. * * *

Not final until disposition of timely filed motion for rehearing.


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