Atkins v. Wainwright

District Court of Appeal of Florida

Atkins v. Wainwright

198 So. 2d 373, 1967 Fla. App. LEXIS 4768

CourtDistrict Court of Appeal of Florida

DecidedMay 4, 1967

DocketNo. J-20

StatusPublished

Cited by1 cases

This text of 198 So. 2d 373 (Atkins v. Wainwright) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Atkins v. Wainwright, 198 So. 2d 373, 1967 Fla. App. LEXIS 4768 (Fla. Ct. App. 1967).

Pincite

Opinion

PER CURIAM.

This petitioner has filed an original petition for writ of habeas corpus. The matters upon which he relies to obtain relief occurred in the trial court in Collier County.

It is a well-established rule of this state that relief by way of habeas corpus is not available unless or until the petitioner has exhausted all avenues of relief which are open to him pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix. Mitchell v. Wainwright, 155 So.2d 868 (Fla.1963); Zuniga v. State, 184 So.2d 659 (Fla.App.1st, 1966).

Petitioner having failed to pursue such method of relief we hereby deny the application for a writ of habeas corpus.

WIGGINTON, Acting C. J., and JOHNSON and SPECTOR, JJ., concur.

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