[Download] "Richardson V. State" by In the District Court of Appeal of the State of Florida Fifth District January Term 2006 * Book PDF Kindle ePub Free
eBook details
- Title: Richardson V. State
- Author : In the District Court of Appeal of the State of Florida Fifth District January Term 2006
- Release Date : January 20, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
We dispel the notion, apparently held by some, that when a petition for writ of habeas corpus is filed challenging the underlying conviction, the petition must in all instances be treated as a motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850 and either granted or denied on the merits. We believe, based on clear precedent from the Florida Supreme Court and the District Courts of Appeal, that it is proper to dismiss a habeas petition collaterally attacking the conviction when it is clearly discernable that the claims raised are procedurally barred or do not comply with the requirements of rule 3.850. Here dismissal was appropriate as we will now explain.