Legal Opinion

Barber v. State

District Court of Appeal of Florida

Decided August 28, 2009No. 1D09-3516Published

1Per curiam

The petition seeking belated appeal is denied on the merits. Petitioner’s claims concerning alleged errors by the trial court and ineffectiveness on the part of his trial counsel are denied inasmuch as these are matters properly raised by motion for postconviction relief, and habeas corpus will not lie as a substitute for such a motion. See Brown v. Crosby, 908 So.2d 512 (Fla. 1st DCA 2005).

HAWKES, C.J., WOLF and BROWNING, JJ., concur.

2Cases cited1 opinion

  1. Brown v. CrosbyDistrict Court of Appeal of Florida · 2005