Legal Opinion
Richardson v. Cervone ex rel. D.O.C.
District Court of Appeal of Florida
Decided February 8, 2013No. 1D12-5516PublishedCited by 2 opinions
1Per curiam
This petition for writ of habeas corpus challenges petitioner’s judgments and sentences in Levy County Circuit Court case number 38-2005-CF-00252. The petition is dismissed on the authority of Baker v. State, 878 So.2d 1236 (Fla.2004) (reiterating that habeas corpus cannot be used to litigate issues that could have been or were raised on direct appeal or in postconviction motions).
We also find that the filing of the petition violates a prior opinion of this court. In Richardson v. State, 70 So.3d 609 (Fla. 1st DCA 2011), this court barred petitioner from any future pro se filings concerning…
2Cases cited8 opinions
- Whitmore Ex Rel. Simmons v. ArkansasSupreme Court of the United States · 1990
- Baker v. StateSupreme Court of Florida · 2004
- State v. SpencerSupreme Court of Florida · 1999
- Groseclose Ex Rel. Harries v. DuttonDistrict Court, M.D. Tennessee · 1984
- Smith ex rel. Missouri Public Defender Commission v. ArmontroutCourt of Appeals for the Eighth Circuit · 1987
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Pancoast v. CrewsDistrict Court of Appeal of Florida · 2013
- Richardson v. Cervone ex rel. D.O.C.District Court of Appeal of Florida · 2013