"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."
How later courts described this case
- "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."
- "[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."
Written by the judges who cited it.
The opinion
Third District Court of Appeal
State of Florida
Opinion filed April 28, 2021.
Not final until disposition of timely filed motion for rehearing.
________________
No. 3D21-0903
Lower Tribunal No. F14-700
________________
Edward R. Brown,
Petitioner,
vs.
The State of Florida,
Respondent.
A Case of Original Jurisdiction – Habeas Corpus.
Edward R. Brown, in proper person.
Ashley Moody, Attorney General, for respondent.
Before EMAS, C.J., and LINDSEY and BOKOR, JJ.
PER CURIAM.
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); Brown v. State, No. 3D20-1939
(Fla. 3d DCA Feb. 24, 2021) (denying postconviction appeal of ineffective
assistance of trial counsel); Brown v. State, No. 3D21-56 (Fla. 3d DCA Feb.
3, 2021) (denying postconviction appeal raising other grounds).
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