WARREN K. MARTIN
v.
STATE OF FLORIDA
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Habeas corpus is not an authorized remedy for collateral postconviction relief available through a motion in the sentencing court.
[1] Habeas corpus is not available as a remedy for collateral postconviction relief that may be obtained by motion in the sentencing court pursuant to rule 3.850.
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Join FLexlaw to unlock all legal intelligence“habeas corpus is not to be used for obtaining additional appeals of issues which were raised, or should have been raised, on direct appeal or which were waived at trial or which could have, should have, or have been, raised in prior postconviction filings”
Court explaining the limitations on habeas corpus as a postconviction remedy
Warren K. Martin, appearing pro se, filed a petition for writ of habeas corpus in the District Court of Appeal. The specific grounds for the petition …
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September 30, 2020 PER CURIAM.
DISMISSED as unauthorized. See Baker v. State, 878 So. 2d 1236, 1245 (Fla. 2004) (explaining that “[t]he remedy of habeas corpus is not available in Florida to obtain the kind of collateral postconviction relief available by motion in the sentencing court pursuant to rule 3.850”); Mills v. Dugger, 574 So. 2d 63, 65 (Fla. 1990) (“As we have stated numerous times, habeas corpus is not to be used for obtaining additional appeals of issues which were raised, or should have been raised, on direct appeal or which were waived at trial or which could have, should have, or have been, raised in prior postconviction filings.” (internal marks omitted)).
RAY, C.J., and BILBREY and JAY, JJ., concur.
2
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.