Kyser v. State

Walter Kyser appeals the denial of his petition for writ of habeas corpus, through which he challenged an order entered in 1996 denying him postconviction relief. The order denying postconviction relief was affirmed on appeal. Kyser v. State, 701 So.2d 870 (Fla. 1st DCA 1997). 1

Habeas corpus may not be used as a substitute for an appropriate motion seeking postconviction relief pursuant to the Florida Rules of Criminal Procedure. Harris v. State, 789 So.2d 1114, 1115 (Fla. 1st DCA 2001). It is well-settled that “habeas corpus is not a second appeal and cannot be used to litigate or relitigate…