for Writs of Mandamus, Prohibition, Quo Warranto,
and/or Habeas Corpus: APPELLATE
PROCEDURE – Improper relief – A petition for extraordinary relief is not a
second appeal and cannot be used to litigate issues
that could have been raised on direct appeal or in a postconviction
motion. A petition for writ of habeas
corpus is used to determine whether an individual is
legally detained. – Petition for Writ of Habeas Corpus dismissed. Kelly v.
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF THE STATE OF
v. Case No. CRC 08-00056 APANO
JIM COATS, SHERIFF OF
ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS
THIS MATTER is before the Court on the petitioner, Lawrence Kelly’s, Petition for a Writ of Habeas Corpus. In his petition, petitioner asserts in part, that errors were made in trial court proceedings, which included a jury trial. Petitioner was found guilty and sentence imposed. Petitioner has an appeal pending on those matters. Petitioner is presently incarcerated on allegations that he violated his probation.
fails to state a preliminary basis for relief. A petition for extraordinary relief is not a
second appeal and cannot be used to litigate or relitigate
issues which were or could have been raised on direct
appeal or in prior postconviction proceedings. Herndon v. State, 796 So2d 534 (
IT IS THEREFORE ORDERED that the petition for writ of habeas corpus is denied.
DONE AND ORDERED in Chambers at
R. Timothy Peters
Circuit Judge, Appellate Division
cc: Jim Coats, Sheriff of Pinellas County