State v. Dearing

The state appeals from an order granting appellant’s emergency petition for writ of habeas corpus and ordering his release from custody.1 We reverse, based upon the following brief analysis. First, to the extent that the grounds raised in the instant petition have been previously considered and rejected by this court, Dearing v. State, 469 So.2d 757 (Fla. 3d DCA 1985) (mem.) (habeas corpus denied), the instant petition was a successive petition for the same relief, which could not properly be entertained by the trial court and was subject to summary denial, Francois v. Wainwright, 470 So.2d…