Berthold v. State

Berthold seeks a writ of habeas corpus to review and quash the trial court’s order which denied his motion to vacate a capi-as/order rendered December 9, 1997, and granted the public defender’s motion to withdraw. This petition should be dismissed because it is successive and duplicative of his appeal, and because it is an abuse of procedure.

The capias/order was rendered on December 9, 1997. The public defender, representing Berthold, filed a motion to vacate the order and a motion to withdraw as counsel. The motion argued that Berthold did not receive adequate notice of the contempt hearing…