Legal Opinion

Carmen v. State

District Court of Appeal of Florida

Decided September 27, 1974No. 73-270PublishedCited by 3 opinions

1Opinion of the Court

MANN, Chief Judge.

Carmen’s scatter shot petition filed in the court in which he was convicted is styled an “Application for a Writ of Ha-beas Corpus.” The prayer of the petition on the 7th page thereof plainly refers to Rule 3.850 CrPR, a rule adopted by the Supreme Court of Florida to afford post conviction relief to those who are entitled to it. That rule provides that the questions involved shall be determined by a court in the county of trial rather than in the county of incarceration. See Gideon v. Wainwright, Fla.1963, 153 So.2d 299; Roy v. Wainwright, Fla.1963, 151 So.2d 825; Reynolds…

2Cases cited7 opinions

  1. Roy v. WainwrightSupreme Court of Florida · 1963
  2. Gideon v. WainwrightSupreme Court of Florida · 1963
  3. State v. ReynoldsSupreme Court of Florida · 1970
  4. State Ex Rel. Wainwright v. HolleyDistrict Court of Appeal of Florida · 1970
  5. Reynolds v. StateDistrict Court of Appeal of Florida · 1969

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3Cited by3 opinions

  1. Leichtman v. SingletaryDistrict Court of Appeal of Florida · 1996
  2. Barnes v. CrosbyDistrict Court of Appeal of Florida · 2005
  3. LeBlanc v. StateDistrict Court of Appeal of Florida · 1994

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