OMAR RICARDO BROWN v. LARS SEVERSON, etc.

CourtDistrict Court of Appeal of Florida
DecidedAugust 3, 2022
Docket21-1794
StatusPublished

This text of OMAR RICARDO BROWN v. LARS SEVERSON, etc. (OMAR RICARDO BROWN v. LARS SEVERSON, etc.) 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.

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OMAR RICARDO BROWN v. LARS SEVERSON, etc., (Fla. Ct. App. 2022).

Opinion

Third District Court of Appeal State of Florida

Opinion filed August 3, 2022. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D21-1794 Lower Tribunal No. 21-548-K ________________

Omar Ricardo Brown, Appellant,

vs.

Lars Severson, etc., et al., Appellees.

An Appeal from the Circuit Court for Monroe County, Timothy J. Koenig, Judge.

Omar Ricardo Brown, in proper person.

Ashley Moody, Attorney General, and Michael W. Mervine, Chief Assistant Attorney General, for appellee, State of Florida.

Before FERNANDEZ, C.J., and MILLER and GORDO, JJ.

PER CURIAM. Affirmed. See Brown v. State, 302 So. 3d 874, 874 (Fla. 3d DCA

2020); Breedlove v. Singletary, 595 So. 2d 8, 10 (Fla. 1992) (“Habeas corpus

is not a second appeal and cannot be used to litigate or relitigate issues

which could have been, should have been, or were raised on direct appeal.”);

Jackson v. State, 1 So. 3d 273, 278 (Fla. 1st DCA 2009) (“Even when a

Fourth Amendment violation has occurred, evidence should be suppressed

only if it ‘has been come at by exploitation of the illegality’ and was not

obtained ‘by means sufficiently distinguishable to be purged of the primary

taint.’” (quoting Wong Sun v. United States, 371 U.S. 471, 488 (1963))).

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Related

Wong Sun v. United States
371 U.S. 471 (Supreme Court, 1963)
Jackson v. State
1 So. 3d 273 (District Court of Appeal of Florida, 2009)
Breedlove v. Singletary
595 So. 2d 8 (Supreme Court of Florida, 1992)

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