MCKINLEY ATKINS, PETITIONER,
v.
L. L. WAINWRIGHT, DIRECTOR, DIVISION OF CORRECTIONS, RESPONDENT
This petitioner has filed an original petition for writ of habeas corpus. The matters upon which he relies to obtain relief occurred in the trial court in Collier County.
It is a well-established rule of this state that relief by way of habeas corpus is not available unless or until the petitioner has exhausted all avenues of relief which are open to him pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix. Mitchell v. Wainwright, 155 So.2d 868 (Fla.1963); Zuniga v. State, 184 So.2d 659 (Fla.App.1st, 1966).
Petitioner having failed to pursue such method of relief we hereby deny the application for a writ of habeas corpus.
WIGGINTON, Acting C. J., and JOHNSON and SPECTOR, JJ., concur.
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Kent v. Jayne Bumpers Burdick and Laurence Burdick, 591 So. 2d 994 (Fla. 1st DCA 1991)…54 L.Ed.2d 511 (1978); Stanley v. Illinois, 405 U.S. 645, 649, 92 S.Ct. 1208, 1211, 31 L.Ed.2d 551 (1972). Since 1967, Florida courts have recognized that a putative father also has the right with respect to his illegitimate children. Mixon v. Mize, 198 So. 2d 373 (Fla. 1st DCA 1967). In Mixon, this court held that ‘where a putative father acknowledges his relationship to an illegitimate child, manifests a genuine interest in the child’s welfare and provides it with support, such father should be granted the…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Berend v. Louie L. Wainwright, 155 So. 2d 868 (Fla. 1963)
- Zuniga v. State, 184 So. 2d 659 (Fla. 1st DCA 1966)