ROBERT L. CALEB
v.
STATE OF FLORIDA

Fla. 3d DCA | 2025-05-21
No. 2025-0483
Fernandez, J., Lindsey, J., Miller, J.
2025 FL 4320 Florida District Court of Appeal, Third District (2025)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

A habeas corpus petition cannot be used as a substitute for relief available through direct appeal.


Headnotes

[1] Habeas corpus proceedings are not an appropriate vehicle for raising issues that may be resolved through direct appeal and cannot serve as a substitute for appellate reli…

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

Key Quotes

“A habeas corpus proceeding cannot be employed as a substitute for relief by appeal.”

Court's citation to McGuire v. Cochran, 135 So. 2d 226, 227 (Fla. 1961)

Facts & Procedural History

Robert L. Caleb filed a petition for belated appeal in the Third District Court of Appeal. The petition raised issues that could be resolved through d…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
Miller

Third District Court of Appeal State of Florida

Opinion filed May 21, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D25-0483 Lower Tribunal No. F20-11164 ________________

Robert L. Caleb, Petitioner,

vs.

The State of Florida, Respondent.

A Case of Original Jurisdiction – Petition for Belated Appeal.

Robert L. Caleb, in proper person.

James Uthmeier, Attorney General, and Sandra Lipman, Senior Assistant Attorney General, for respondent.

Before FERNANDEZ, LINDSEY, and MILLER, JJ.

PER CURIAM.

2

Petition denied. See Hendrix v. Pingree, 381 So. 2d 334, 335 (Fla. 1st DCA 1980) (“Petitioner raises issues which may properly be resolved upon a direct appeal which is now pending; such issues are not presently reviewable by way of habeas proceedings.”); McGuire v. Cochran, 135 So. 2d 226, 227 (Fla. 1961) (“A habeas corpus proceeding cannot be employed as a substitute for relief by appeal.”).


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw