Legal Opinion

Weeks v. State

District Court of Appeal of Florida

Decided January 18, 1966No. H-98PublishedCited by 1 opinion

1Opinion of the Court

JOHNSON, Judge.

The order of the circuit court denying appellant’s petition for writ of habeas corpus should be affirmed.

Criminal Procedure Rule 1 (Chapter 924, Appendix F.S.A.) provides that a habeas corpus petition is not appropriate if the petitioner has failed to exhaust his remedies under Rule 1 or if relief has been denied him under Rule 1, unless, however, his remedy under Rule 1 is inadequate or ineffective for purposes of testing the legality of his detention.

Weeks has previously proceeded under Rule 1 insofar as attacking the adequacy of his counsel. The Third District Court of…

2Cases cited2 opinions

  1. Piehl v. StateDistrict Court of Appeal of Florida · 1965
  2. Weeks v. StateDistrict Court of Appeal of Florida · 1964

3Cited by1 opinion

  1. Whitney v. StateDistrict Court of Appeal of Florida · 1966

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