DUANE M. LEACH
v.
STATE OF FLORIDA
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A habeas corpus petition based on claimed manifest injustice in a 1985 conviction does not qualify for relief absent circumstances falling within the narrow category of manifest injustice exceptions.
[1] The mere assertion of 'manifest injustice' without substantive demonstration that a case falls within the narrow category of circumstances justifying appellate correction…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the 'mere incantation of the words 'manifest injustice' does not make it so.'”
The Court rejected petitioner's invocation of manifest injustice without substantive demonstration of qualifying circumstances.
Duane M. Leach petitioned for a writ of habeas corpus attacking his 1985 conviction and sentence based on the ground of manifest injustice.…
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Opinion filed January 2, 2025. Not final until disposition of timely filed motion for rehearing.
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No. 3D24-1597 Lower Tribunal No. F84-9528A
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Duane M. Leach,
Petitioner,
vs.
State of Florida,
Respondent.
A Case of Original Jurisdiction – Habeas Corpus. Duane M. Leach, in proper person. Ashley Moody, Attorney General, and Linda Katz, Assistant Attorney General, for respondent. Before LOGUE, C.J., and MILLER and GOODEN, JJ. PER CURIAM. Duane M. Leach petitions this Court for a writ of habeas corpus attacking his 1985 conviction and sentence based upon manifest injustice. Lightner v. State, 306 So. 3d 1019, 1021 (Fla. 3d DCA 2020) (“Under Florida law, appellate courts have the authority to correct a manifest injustice by way of habeas corpus.”). Nevertheless, this exception only applies to a narrow category of cases. The “mere incantation of the words ‘manifest injustice’ does not make it so.” Beiro v. State, 289 So. 3d 511, 511 (Fla. 3d DCA 2019). Finding this case does not fall within this narrow exception and no manifest injustice occurred, we hereby deny the petition. Petition denied.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Maradona v. Villafane (Fla. 3d DCA 2025)
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Santiago v. State (Fla. 3d DCA 2026)
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Butler v. State (Fla. 3d DCA 2025)
Authorities Cited
- Maykel Beiro v. State, 289 So. 3d 511 (Fla. 3d DCA 2020)