WILBUR L. MITCHELL v. THE STATE OF FLORIDA
This text of WILBUR L. MITCHELL v. THE STATE OF FLORIDA (WILBUR L. MITCHELL v. THE 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 September 8, 2021. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D21-1722 Lower Tribunal No. F93-36795 ________________
Wilbur L. Mitchell, Petitioner,
vs.
The State of Florida, Respondent.
A Case of Original Jurisdiction – Habeas Corpus.
Wilbur L. Mitchell, in proper person.
Ashley Moody, Attorney General, for respondent.
Before MILLER, LOBREE and BOKOR, JJ.
PER CURIAM.
Petitioner seeks habeas corpus relief raising an argument which he
has raised in multiple previous appeals or petitions. Petitioner may not rephrase or re-raise the same argument, or variations thereof, multiple
times. Additionally, Petitioner cannot seek relief on an issue adjudicated by
this Court by recasting what would be a successive (or otherwise improper)
postconviction collateral appeal as a habeas corpus petition. See, e.g.,
Baker v. State, 878 So. 2d 1236, 1245 (Fla. 2004) (“The remedy of habeas
corpus is not available in Florida to obtain the kind of collateral
postconviction relief available by motion in the sentencing court pursuant to
rule 3.850.”); see also Mitchell v. State, No. 3D20-1702, 2021 WL 48217
(Fla. Jan. 6, 2021) (affirming postconviction appeal on same grounds).
Petition dismissed.
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