LEONARD NAIRN
v.
STATE OF FLORIDA
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A habeas corpus petition is properly dismissed when it raises issues that could have been or were raised on direct appeal or in postconviction motions.
[1] A habeas corpus petition raising issues that could have been or were raised on direct appeal or in postconviction motions is not an authorized use of the writ and must be…
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Join FLexlaw to unlock all legal intelligence“dismissing habeas petitions as unauthorized which raise issues that could have been or were raised on direct appeal or in postconviction motions”
Court citation to Baker v. State, 878 So. 2d 1236 (Fla. 2004), stating the controlling standard for dismissal.
Leonard Nairn, proceeding pro se, filed a petition for writ of habeas corpus in the First District Court of Appeal.…
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September 25, 2020 PER CURIAM.
DISMISSED. See Baker v. State, 878 So. 2d 1236 (Fla. 2004) (dismissing habeas petitions as unauthorized which raise issues that could have been or were raised on direct appeal or in postconviction motions). MAKAR, OSTERHAUS, and M.K. THOMAS, JJ., concur.
2
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.