Legal Opinion

Franklin v. State

District Court of Appeal of Florida

Decided December 31, 2009No. 1D09-5734PublishedCited by 2 opinions

1Per curiam

This petition for writ of habeas corpus challenges the judgments and sentences imposed in Madison County Circuit Court case number 95-131-CF.

This petition for writ of habeas corpus is frivolous because it has no arguable basis in law or fact. See § 57.085(9)(a), Fla. Stat. (2009). The writ of habeas corpus is available only if the petitioner shows probable cause to believe that he or she is detained without lawful authority. § 79.01, Fla. Stat. Petitioner is currently detained by the Florida Department of Corrections under the lawful authority of judgments and sentences for first-degree…

2Cases cited2 opinions

  1. Pettway v. McNeilSupreme Court of Florida · 2008
  2. Brown v. McNeilDistrict Court of Appeal of Florida · 2009

3Cited by2 opinions

  1. ROBENSON v. McNeilDistrict Court of Appeal of Florida · 2010
  2. Perry v. StateDistrict Court of Appeal of Florida · 2010

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