Duane M. Leach v. State of Florida
This text of Duane M. Leach v. State of Florida (Duane M. Leach v. State of Florida) 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.
Opinion
Third District Court of Appeal State of Florida
Opinion filed January 2, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-1597 Lower Tribunal No. F84-9528A ________________
Duane M. Leach, Petitioner,
vs.
State of Florida, Respondent.
A Case of Original Jurisdiction – Habeas Corpus.
Duane M. Leach, in proper person.
Ashley Moody, Attorney General, and Linda Katz, Assistant Attorney General, for respondent.
Before LOGUE, C.J., and MILLER and GOODEN, JJ.
PER CURIAM. Duane M. Leach petitions this Court for a writ of habeas corpus
attacking his 1985 conviction and sentence based upon manifest injustice.
Lightner v. State, 306 So. 3d 1019, 1021 (Fla. 3d DCA 2020) (“Under Florida
law, appellate courts have the authority to correct a manifest injustice by way
of habeas corpus.”). Nevertheless, this exception only applies to a narrow
category of cases. The “mere incantation of the words ‘manifest injustice’
does not make it so.” Beiro v. State, 289 So. 3d 511, 511 (Fla. 3d DCA
2019). Finding this case does not fall within this narrow exception and no
manifest injustice occurred, we hereby deny the petition.
Petition denied.
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