CHESTEL THORSON
v.
THE STATE OF FLORIDA
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A petition for writ of habeas corpus may not be used to challenge the legality of a conviction or serve as a substitute for a rule 3.850 motion for postconviction relief.
[1] A habeas corpus petition may not be used to challenge the legality of a conviction or judgment; such relief must be sought through a rule 3.850 motion for postconviction…
[2] Habeas corpus cannot serve as a substitute for postconviction relief procedures or as a means to litigate issues that could have been or were raised in a rule 3.850 motio…
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Join FLexlaw to unlock all legal intelligence“A petition for writ of habeas corpus may not be used to challenge the legality of a defendant's judgment of conviction. A defendant must seek such relief, if at all, through the procedure established in rule 3.850. Nor may habeas corpus be used as a substitute for an otherwise procedurally barred motion for postconviction relief under rule 3.850.”
Court's statement of applicable law
Chestel Thorson filed a habeas corpus petition in circuit court challenging his conviction. The petition appears to have raised issues that should hav…
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PER CURIAM.
Affirmed. See La-Casse v. Inch, 307 So. 3d 921, 923 (Fla. 3d DCA 2020) (“A petition for writ of habeas corpus may not be used to challenge the legality of a defendant's judgment of conviction. A defendant must seek such relief, if at all, through the procedure established in rule 3.850. Nor may habeas corpus be used as a substitute for an otherwise procedurally barred motion for postconviction relief under rule 3.850.”) See also Baker v. State, 878 So. 2d 1236, 1241 (Fla. 2004) (reaffirming the well-established principle that “habeas corpus may not be used as a substitute for an appropriate motion seeking postconviction relief, ... [n]or can habeas corpus be used as a means to seek a second appeal or to litigate issues that could have been or were raised in a motion under rule 3.850”) (citations omitted); Beiro v. State, 289 So. 3d 511, 511 (Fla. 3d DCA 2019) (noting: “The mere incantation of the words ‘manifest injustice’ does not make it so.”); Corner v. State, 218 So. 3d 922, 923 (Fla. 3d DCA 2016) (issuing an order directing defendant to show cause why he should not be barred from filing further pro se pleadings, noting that defendant was “attempting to use the habeas corpus petition as a disguised rule 3.850 motion”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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La-Casse v. Inch (Fla. 3d DCA 2021)…d again filed a frivolous petition in our court. On May 11, 2021, we ordered La-Casse to show cause why he shouldn’t be prohibited from filing further pro se petitions, motions and appeals in this court, citing to our warning in La-Casse v. Inch, 307 So. 3d 921 (Fla. 3d DCA 2020), wherein we warned La-Casse that continued abuse of the judicial process would result in an order prohibiting further pro se filings in our court. As we noted in La-Casse, in 2018, petitioner was precluded from filing any furth…
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Chestel Thorson v. State, 34 Fla. L. Weekly Supp. 307 (Fla. 3d DCA 2023)…PER CURIAM. Affirmed. See La-Casse v. Inch, 307 So. 3d 921, 923 (Fla. 3d DCA 2020) (“A petition for writ of habeas corpus may not be used to challenge the legality of a defendant's judgment of conviction. A defendant must seek such relief, if at all, through the procedure established in rule 3.850. Nor may…
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Parnell v. State (Fla. 3d DCA 2023)…er, 734 So. 2d 1009, 1025 (Fla. 1999) (“[H]abeas corpus petitions are not to be used for additional appeals on questions which could have been . . . or were raised on appeal or in a rule 3.850 motion.”) (citation omitted); see also La-Casse v. Inch, 307 So. 3d 921, 922 (Fla. 3d DCA 2020).…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Baker v. State, 878 So. 2d 1236 (Fla. 2004)
- Maykel Beiro v. State, 289 So. 3d 511 (Fla. 3d DCA 2020)
- Corner v. State, 218 So. 3d 922 (Fla. 3d DCA 2016)