ENRIQUE DIAZ
v.
RICKY DIXON, ETC.
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Habeas relief is not available for matters that could have and should have been raised on direct appeal or that have already been ruled on through another appellate procedure.
[1] Habeas corpus relief is not available for issues that could have been raised on direct appeal or that have already been addressed through other appellate procedures.
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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.”
Court citing Zuluaga v. State, Dept. of Corr., 32 So. 3d 674, 676-77 (Fla. 1st DCA 2010)
Enrique Diaz petitioned for habeas relief.…
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PER CURIAM.
Enrique Diaz petitions this court for habeas relief. Habeas relief is not available for matters that could have and should have been raised on direct appeal; or for matters that have already been ruled on through another appellate procedure. Fails v. Jones, 219 So. 3d 790, 791-92 (Fla. 2017); Zuluaga v. State, Dept. 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.”).
Petition dismissed.
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Citator
Cited By
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Kendal Major v. State (Fla. 3d DCA 2025)
Authorities Cited
- Heldrado Zuluaga v. State, 32 So. 3d 674 (Fla. 1st DCA 2010)
- Fails v. Jones, 219 So. 3d 790 (Fla. 2017)