ALPHONSO LEE
v.
THE STATE OF FLORIDA
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Habeas corpus is not a proper vehicle for raising issues that were previously litigated, could have been raised on direct appeal, or could have been raised in post-conviction proceedings.
[1] A motion for postconviction relief is not a vehicle for obtaining a second appeal.
[2] Matters raised on direct appeal and decided adversely to the appellant cannot be relitigated in a motion for postconviction relief.
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Join FLexlaw to unlock all legal intelligence“Habeas corpus is not a vehicle for obtaining additional appeals of issues which were raised or should have been raised on direct appeal, or which could have been, should have been, or were raised in post-conviction proceedings.”
Zuluaga v. State, 32 So. 3d 674, 676–77 (Fla. 1st DCA 2010)
Alphonso Lee filed a habeas corpus petition raising claims that had been previously litigated.…
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PER CURIAM.
Denied. See Zuluaga v. State, Dep’t of Corr., 32 So. 3d 674, 676–77 (Fla. 1st DCA 2010) (“Habeas corpus is not a vehicle for obtaining additional appeals of issues which were raised or should have been raised on direct appeal, or which could have been, should have been, or were raised in post-conviction proceedings.”); Schoenwetter v. State, 46 So. 3d 535, 562 (Fla. 2010) (quoting Mills v. Dugger, 559 So. 2d 578, 579 (Fla. 1990)) (“Habeas corpus is not to be used for additional appeals of issues that could have been, should have been, or were raised on appeal or in other postconviction motions.”); Johnson v. State, 967 So. 2d 306, 307 (Fla. 3d DCA 2007) (“[B]ecause the claims [appellant] raises in this appeal have been previously litigated by [appellant] and have been adversely decided by both the trial court and this court, we find that they are procedurally barred.”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Schoenwetter v. State, 46 So. 3d 535 (Fla. 2010)
- Heldrado Zuluaga v. State, 32 So. 3d 674 (Fla. 1st DCA 2010)
- Mills v. Dugger, 559 So. 2d 578 (Fla. 1990)
- Johnson v. State, 967 So. 2d 306 (Fla. 3d DCA 2007)