Huffman v. State

David Huffman appeals from the denial of his petition for writ of mandamus. We affirm.

The petition, which named the State of Florida and the local state attorney as respondents, alleged no ministerial function that respondents have refused to perform. State ex rel. Buckwalter v. City of Lakeland, 112 Fla. 200, 150 So. 508 (1933). Instead, the record reveals that Huffman’s petition actually was an attempt to vacate his 1972 conviction and life sentence for rape. This is not a proper use of the writ of mandamus.

This misnomer alone might not justify denial of Huffman’s petition. The courts do…