MAXWELL
v.
STATE
MAXWELL
STATE
177 So. 2d 15
Florida Supreme Court (1965)
Positive Treatment
Cited by 1 case
Opinion of the Court
Habeas corpus denied without opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Herzig, 208 So. 2d 619 (Fla. 1968)…nied 199 So. 2d 99 (Fla.). It is evident that generally a Rule 1 proceeding may not be used to retry issues and correct errors reviewable only upon direct appeal from a conviction. See Harper v. State, 168 So. 2d 325 (1st DCA Fla.1964), cert. denied 177 So. 2d 15 (Fla.). But the conclusion is inescapable that an appeal from an initial order denying a motion for relief under a true Rule 1 proceeding ostensibly occasions the first appellate review of the merits of a new and genuine claim challenging a criminal…