LOWE
v.
STATE OF FLORIDA
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Habeas corpus may not be used as a means to seek a second appeal or to litigate issues that could have been or were raised in a rule 3.850 motion.
[1] Habeas corpus is not an appropriate remedy for relitigating issues that could have been or were raised in a rule 3.850 post-conviction motion.
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Join FLexlaw to unlock all legal intelligence“habeas corpus may not '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'”
Court's holding on proper use of habeas corpus petitions
Corey Lamar Lowe filed a petition for writ of habeas corpus in the First District Court of Appeal, raising issues that could have or were previously l…
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DISMISSED. See Baker v. State, 878 So. 2d 1236, 1241 (Fla. 2004) (explaining that habeas corpus may not “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”). LEWIS, ROWE, and M.K. THOMAS, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.