MEL O. FIRSHER
v.
ASHLEY MOODY, ETC.
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Habeas corpus is not available to obtain collateral postconviction relief that should be pursued through rule 3.850 motions or for successive filings raising issues already litigated.
[1] Successive or repetitive habeas corpus petitions raising issues already litigated in prior postconviction filings are an improper use of the habeas remedy.
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“habeas 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.”
Mills v. Dugger, 574 So. 2d 63, 65 (Fla. 1990)
Mel O. Firsher, proceeding pro se, filed a petition for habeas corpus. The same substantive issue had previously been raised in at least three prior a…
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PER CURIAM.
Petitioner has raised the same issue multiple times before the appellate court and the trial court. This type of successive, repetitive pleading is improper. Accordingly, the petition is 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); Firsher v. State, No. 3D21-787, 2021 WL 1688893 (Fla. 3d DCA Mar. 25, 2021) (denying petition for belated appeal on the same substantive issue as the instant petition); Firsher v. Moody, No. 3D20-374, 2020 WL 1686837 (Fla. 3d DCA Feb. 28, 2020) (ordering sua sponte transfer of habeas petition on same issue to trial court); Firsher v. State, No. 3D19-1860, 2019 WL 6048378 (Fla. 3d DCA Sept. 26, 2019) (denying petition for belated appeal on same substantive issue).
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MEL O. Firsher v. Moody (Fla. 3d DCA 2021)…btaining 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); Firsher v. State, No. 3D21-787, 2021 WL 1688893 (Fla. 3d DCA Mar. 25, 2021) (denying petition for belated appeal on the same substantive issue as the instant petition); Firsher v. Moody, No. 3D20-374, 2020 WL 1686837 (Fla. 3d DCA Feb. 28, 2020) (ordering sua sponte transfer of habeas petition on…
Authorities Cited
- Baker v. State, 878 So. 2d 1236 (Fla. 2004)
- Mills v. Dugger, 574 So. 2d 63 (Fla. 1990)
- MEL O. Firsher v. Moody (Fla. 3d DCA 2021)