WILBUR L. MITCHELL
v.
THE STATE OF FLORIDA
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A habeas corpus petition cannot be used to re-raise arguments already adjudicated in previous appeals or to recast successive postconviction collateral appeals.
[1] Habeas corpus is not an available remedy in Florida to obtain collateral postconviction relief that must be pursued through postconviction 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.”
Court's explanation of why habeas corpus cannot be used as a vehicle for successive postconviction relief
Wilbur L. Mitchell sought habeas corpus relief raising an argument he had raised in multiple previous appeals or petitions, including a postconviction…
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Opinion filed September 8, 2021. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D21-1722 Lower Tribunal No. F93-36795 ________________ Wilbur L. Mitchell,
Petitioner,
vs.
The State of Florida,
Respondent.
A Case of Original Jurisdiction – Habeas Corpus. Wilbur L. Mitchell, in proper person. Ashley Moody, Attorney General, for respondent. Before MILLER, LOBREE and BOKOR, JJ. PER CURIAM.
Petitioner seeks habeas corpus relief raising an argument which he has raised in multiple previous appeals or petitions. Petitioner may not rephrase or re-raise the same argument, or variations thereof, multiple times. Additionally, Petitioner cannot seek relief on an issue adjudicated by this Court by recasting what would be a successive (or otherwise improper) postconviction collateral appeal as a habeas corpus petition. See, e.g., 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.”); see also Mitchell v. State, No. 3D20-1702, 2021 WL 48217 (Fla. Jan. 6, 2021) (affirming postconviction appeal on same grounds).
Petition dismissed.