BIDEAU JEAN
v.
STATE

Fla. 3d DCA | 2021-01-20
No. 20-1324
Florida District Court of Appeal, Third District (2021)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

Collateral attacks on a judgment or sentence must be brought pursuant to Rule 3.800 or 3.850, not by petition for writ of habeas corpus.


Headnotes

[1] The circuit court of the county in which a defendant is incarcerated has jurisdiction to consider a petition for writ of habeas corpus only when the claims raised concern…

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

Key Quotes

“Only the court in which the defendant was convicted and sentenced has jurisdiction to consider collateral attacks on a judgment or sentence, and such an attack must be brought pursuant to Rule 3.800 or 3.850, not by petition for writ of habeas corpus.”

Court's statement of controlling law regarding jurisdiction and proper procedure for collateral attacks

Facts & Procedural History

Bideau Jean appealed a decision from the Circuit Court for Miami-Dade County. The case involved an attempted collateral attack on a judgment or senten…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court

PER CURIAM.

Affirmed. See Peoples v. State, 260 So. 3d 365, 367 (Fla. 3d DCA 2018) (“Only the court in which the defendant was convicted and sentenced has jurisdiction to consider collateral attacks on a judgment or sentence, and such an attack must be brought pursuant to Rule 3.800 or 3.850, not by petition for writ of habeas corpus.”) (citation omitted); see also Broom v. State, 907 So. 2d 1261, 1262 (Fla. 3d DCA 2005) (“The circuit court of the county in which a defendant is incarcerated has jurisdiction to consider a petition for writ of habeas corpus when the claims raised in the petition concern issues regarding his incarceration, but not when the claims attack the validity of the judgment or sentence.”) (citations omitted).


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw