COREY ROGERS
v.
RICKY D. DIXON, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS
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A circuit court may dismiss a habeas corpus petition when the petitioner seeks relief that would be untimely if considered as postconviction relief, raises claims that could have been raised at trial or on direct appeal, or would constitute a second or successive motion under rule 3.850.
[1] A circuit court may dismiss a habeas corpus petition rather than transfer it when the petitioner seeks relief that would be untimely if considered as postconviction relie…
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Join FLexlaw to unlock all legal intelligence“a trial court may dismiss, rather than transfer, a habeas petition when the petitioner seeks relief that '(1) would be untimely if considered as a motion for postconviction relief under rule 3.850, (2) raise claims that could have been raised at trial or, if properly preserved, on direct appeal of the judgment and sentence, or (3) would be considered a second or successive motion under rule 3.850 that either fails to allege new or different grounds for relief that were known or should have been known at the time the first motion was filed'”
Court's explanation of when dismissal of habeas petition is proper, citing Baker v. State
Corey Rogers filed a petition for writ of habeas corpus. The circuit court dismissed the petition.…
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February 14, 2024 PER CURIAM.
Corey Rogers appeals the circuit court’s order dismissing his petition for writ of habeas corpus. Finding no error by the circuit court, we affirm. See Baker v. State, 878 So. 2d 1236, 1246 (Fla. 2004) (explaining that a trial court may dismiss, rather than transfer, a habeas petition when the petitioner seeks relief that “(1) would be untimely if considered as a motion for postconviction relief under rule 3.850, (2) raise claims that could have been raised at trial or, if properly preserved, on direct appeal of the judgment and sentence, or (3) would be considered a second or successive motion under rule 3.850 that either fails to allege new or different grounds for relief that were known or should have been known at the time the first motion was filed”); Zuluaga v. Dep’t of Corrs., 32 So. 3d 674 (Fla. 1st DCA 2010).
AFFIRMED. LEWIS, RAY, and KELSEY, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.