EDWARD R. BROWN
v.
STATE
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Habeas corpus is not available in Florida to obtain collateral postconviction relief available through rule 3.850 motions in the sentencing court.
[1] Habeas corpus is not available as a remedy to obtain collateral postconviction relief that is properly sought through rule 3.850 motions in the sentencing court.
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Join FLexlaw to unlock all legal intelligence“The remedy of habeas corpus is not available in Florida to obtain the kind of collateral postconviction relief available by motion in the sentencing court pursuant to rule 3.850.”
Citing Baker v. State, 878 So. 2d 1236, 1245 (Fla. 2004)
Edward R. Brown sought habeas corpus relief. He had previously filed postconviction appeals raising ineffective assistance of trial counsel and other …
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PER CURIAM.
Denied. See Baker v. State, 878 So. 2d 1236, 1245 (Fla. 2004) ("The remedy of habeas corpus is not available in Florida to obtain the kind of collateral postconviction relief available by motion in the sentencing court pursuant to rule 3.850.") (citation omitted); Mills v. Dugger, 574 So. 2d 63, 65 (Fla. 1990) ("[H]abeas corpus is not to be used `for obtaining additional appeals of issues which were raised, or should have been raised, on direct appeal ... or which could have, should have, or have been raised in' prior postconviction filings.") (citation omitted); Brown v. State, No. 3D20-1939 (Fla. 3d DCA Feb. 24, 2021) (denying postconviction appeal of ineffective assistance of trial counsel); Brown v. State, No. 3D21-56 (Fla. 3d DCA Feb. 3, 2021) (denying postconviction appeal raising other grounds).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Baker v. State, 878 So. 2d 1236 (Fla. 2004)
- Mills v. Dugger, 574 So. 2d 63 (Fla. 1990)