GERRY PARISH
v.
STATE OF FLORIDA

Fla. 4th DCA | 2020-01-08
No. 19-1043
Merrigan, J., Warner, J., May, J., Kuntz, J.
Florida District Court of Appeal, Fourth District (2020)

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Holding

A habeas corpus petition may be denied without prejudice when the petitioner has a pending Rule 3.850 motion that provides an adequate alternative remedy.


Headnotes

[1] A habeas corpus petition may be denied without prejudice when the petitioner has a pending Rule 3.850 motion available as an adequate alternative remedy, preserving the p…

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Facts & Procedural History

Gerry Parish, a pro se inmate, filed a petition for writ of habeas corpus in the Fourth District Court of Appeal. Parish had a pending October 2018 Fl…

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Opinion of the Court
Kuntz

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

GERRY PARISH, Petitioner,

v.

STATE OF FLORIDA, Respondent.

No. 4D19-1043

[January 8, 2020]

Petition for writ of habeas corpus to the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Edward H. Merrigan, Jr., Judge; L.T. Case No. 98-018372CF10A.

Gerry Parish, South Bay, pro se.

Ashley Moody, Attorney General, Tallahassee, and Luke R. Napodano, Assistant Attorney General, West Palm Beach, for respondent.

PER CURIAM.

Affirmed without prejudice to the petitioner filing a petition for writ of mandamus concerning his pending October 2018 Florida Rule of Criminal Procedure 3.850 motion.

WARNER, MAY and KUNTZ, JJ., concur.

* * *


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