OMAR RICARDO BROWN
v.
LARS SEVERSON, ETC.
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Habeas corpus is not a second appeal and cannot be used to litigate or relitigate issues which could have been, should have been, or were raised on direct appeal.
[1] Habeas corpus cannot be used to litigate or relitigate issues that could have been, should have been, or were raised in a direct appeal.
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Join FLexlaw to unlock all legal intelligence“Habeas corpus is not a second appeal and cannot be used to litigate or relitigate issues which could have been, should have been, or were raised on direct appeal.”
Court explaining the proper scope of habeas corpus relief
Omar Ricardo Brown appealed a circuit court decision in Monroe County involving a habeas corpus petition. The appeal involved alleged Fourth Amendment…
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PER CURIAM.
Affirmed. See Brown v. State, 302 So. 3d 874, 874 (Fla. 3d DCA 2020); Breedlove v. Singletary, 595 So. 2d 8, 10 (Fla. 1992) (“Habeas corpus is not a second appeal and cannot be used to litigate or relitigate issues which could have been, should have been, or were raised on direct appeal.”); Jackson v. State, 1 So. 3d 273, 278 (Fla. 1st DCA 2009) (“Even when a Fourth Amendment violation has occurred, evidence should be suppressed only if it ‘has been come at by exploitation of the illegality’ and was not obtained ‘by means sufficiently distinguishable to be purged of the primary taint.’” (quoting Wong Sun v. United States, 371 U.S. 471, 488 (1963))).
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Wong SUN v. United States, 371 U.S. 471 (U.S. 1963)
- McArthur Breedlove v. Singletary, 595 So. 2d 8 (Fla. 1992)
- Scottie Andrea Jackson v. State, 1 So. 3d 273 (Fla. 1st DCA 2009)
- Brown v. State, 302 So. 3d 874 (Fla. 3d DCA 2019)