Webster v. Decker

District Court of Appeal of Florida

Webster v. Decker

900 So. 2d 645, 2005 Fla. App. LEXIS 3945, 2005 WL 670626

CourtDistrict Court of Appeal of Florida

DecidedMarch 24, 2005

DocketNo. 1D04-0520

StatusPublished

This text of 900 So. 2d 645 (Webster v. Decker) 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

Webster v. Decker, 900 So. 2d 645, 2005 Fla. App. LEXIS 3945, 2005 WL 670626 (Fla. Ct. App. 2005).

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Opinion

PER CURIAM.

Frederick Webster filed a petition for writ of habeas corpus in Union County Circuit Court, on August 1, 2003, claiming that the indictment against him charging burglary'and felony murder was invalid, because the offenses were committed in more than one county and thus a statewide grand jury had subject-matter jurisdiction rather than the Broward County grand jury. The trial court dismissed the petition. Webster had earlier raised the identical issue in a petition for writ of habeas corpus filed in this court on February 1, 2002, which this court denied for the same reasons — because it is meritless, and it should have been raised at. trial or on direct appeal. A successive habeas petition that raises the same issue is procedurally barred. See Phillips v. State, 894 So.2d 28 (Fla.2004); Moss v. Singletary, 705 So.2d 947 (Fla. 1st DCA 1998).

AFFIRMED.

ERVIN, KAHN and BENTON, JJ., concur.

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PER CURIAM.

Frederick Webster filed a petition for writ of habeas corpus in Union County Circuit Court, on August 1, 2003, claiming that the indictment against him charging burglary'and felony murder was invalid, because the offenses were committed in more than one county and thus a statewide grand jury had subject-matter jurisdiction rather than the Broward County grand jury. The trial court dismissed the petition. Webster had earlier raised the identical issue in a petition for writ of habeas corpus filed in this court on February 1, 2002, which this court denied for the same reasons — because it is meritless, and it should have been raised at. trial or on direct appeal. A successive habeas petition that raises the same issue is procedurally barred. See Phillips v. State, 894 So.2d 28 (Fla.2004); Moss v. Singletary, 705 So.2d 947 (Fla. 1st DCA 1998).

AFFIRMED.

ERVIN, KAHN and BENTON, JJ., concur.

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900 So. 2d 645, 2005 Fla. App. LEXIS 3945, 2005 WL 670626, Counsel Stack Legal Research, https://law.counselstack.com/opinion/webster-v-decker-fladistctapp-2005.

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