NICHOLAS BLAZEVICH
v.
THE STATE OF FLORIDA
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Habeas corpus petitions are not the proper vehicle for challenging venue or raising claims of ineffective assistance of trial counsel.
[1] Habeas corpus petitions are limited to challenging the legality of present detention and are not proper vehicles for raising claims of ineffective assistance of trial cou…
[2] Venue challenges cannot be raised in habeas corpus proceedings.
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Join FLexlaw to unlock all legal intelligence“The purpose of a habeas corpus proceeding is to inquire into the legality of the petitioner's present detention.”
Defining the scope and purpose of habeas corpus relief
Blazevich filed a habeas corpus petition in the Florida District Court of Appeal, Third District.…
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PER CURIAM.
Following review of the petition and the response thereto, it is ordered that said petition is hereby dismissed as improper. See Henry v. Santana, 62 So. 3d 1122, 1126 n.3 (Fla. 2011) (“The purpose of a habeas corpus proceeding is to inquire into the legality of the petitioner’s present detention.”
(quoting Sneed v. Mayo, 69 So. 2d 653, 654 (Fla. 1954))); Patterson v. Christensen, 183 So. 18, 19 (Fla. 1938) (“Habeas corpus is not the proper proceeding in which to challenge venue . . . .”); King v. State, 695 So. 2d 1299, 1299 (Fla. 4th DCA 1997) (“[C]laims of ineffective assistance of trial counsel are not cognizable in a petition for habeas corpus . . . .”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gerome v. State (Fla. 3d DCA 2023)
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Gerome v. State (Fla. 3d DCA 2023)…direct appeal and is procedurally barred from this Court’s consideration. V. Ineffective assistance of trial counsel “Claims of ineffective assistance of trial counsel are not cognizable in a petition for habeas corpus . . . .” Blazevich v. State, 328 So. 3d 1148, 1149 (Fla. 3d DCA 2021) (quoting King v. State, 695 So. 2d 1299, 1299 (Fla. 4th DCA 1997)). And “the remedy of habeas corpus is not available as a substitute for post-conviction relief under Rule 3.850, Fla.R.Crim.P.” Finley v. State, 394 So. 2d…
Authorities Cited
- Sneed v. Mayo, 69 So. 2d 653 (Fla. 1954)
- Henry v. Runner O. Santana, 62 So. 3d 1122 (Fla. 2011)
- Patterson v. Christensen, 133 Fla. 816 (Fla. 1938)