Legal Opinion

Fails v. State

District Court of Appeal of Florida

Decided September 13, 2010No. 1D10-3485PublishedCited by 5 opinions

1Per curiam

This petition for writ of habeas corpus challenges petitioner’s conviction and sentence for sexual battery in Escambia County Circuit Court case number 2004-CF-3337-A. The petition is without merit and raises claims that could have been or were raised on direct appeal or in postcon-viction motions. Accordingly, the petition is dismissed. See Baker v. State, 878 So.2d 1236 (Fla.2004). Petitioner’s motion for a show cause order is denied.

Petitioner has unsuccessfully sought relief in 16 other cases which challenged his 2004 Escambia County conviction. Petitioner has failed to obtain relief by…

2Cases cited3 opinions

  1. Baker v. StateSupreme Court of Florida · 2004
  2. Birge v. StateDistrict Court of Appeal of Florida · 1993
  3. Baker v. StateDistrict Court of Appeal of Florida · 2006

3Cited by5 opinions

  1. Fails v. StateDistrict Court of Appeal of Florida · 2014
  2. Anthony J. Fails v. Julie Jones, Secretary, Florida Department of CorrectionsDistrict Court of Appeal of Florida · 2018
  3. Bennett K. Tressler Jr. v. State of FloridaDistrict Court of Appeal of Florida · 2015
  4. Davis v. StateDistrict Court of Appeal of Florida · 2015
  5. Hawkins v. StateDistrict Court of Appeal of Florida · 2015

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