Opinion

OMAR RICARDO BROWN v. LARS SEVERSON, etc.

Court
District Court of Appeal of Florida
Filed
Aug 3, 2022
Status
Published
Cited by
0 cases
Authority
More cited than 1.2%

“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.”

How later courts described this case

  • “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.”

Written by the judges who cited it.

The opinion

Third District Court of Appeal

State of Florida

Opinion filed August 3, 2022.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D21-1794

Lower Tribunal No. 21-548-K

________________

Omar Ricardo Brown,

Appellant,

vs.

Lars Severson, etc., et al.,

Appellees.

An Appeal from the Circuit Court for Monroe County, Timothy J.

Koenig, Judge.

Omar Ricardo Brown, in proper person.

Ashley Moody, Attorney General, and Michael W. Mervine, Chief

Assistant Attorney General, for appellee, State of Florida.

Before FERNANDEZ, C.J., and MILLER and GORDO, JJ.

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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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