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· 3/25/2010

Zuluaga v. State, Dept. of Corrections

Citations

  • 32 So. 3d 674
  • 2010 Fla. App. LEXIS 3859
  • 2010 WL 1076243

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that dismissal, rather than transfer, of procedurally barred petition for writ of habeas corpus is appropriate
  • explaining that a circuit court lacks jurisdiction to review the legality of a conviction entered in another judicial circuit
  • noting that Rule 3.800(a) allows a court to correct an illegal sentence “imposed by it”
  • explaining that a trial court may dismiss, rather than transfer, a habeas petition when the petitioner seeks relief that “‘(1) would be untimely if considered as a motion for postconviction relief under rule 3.850, (2
  • explaining that “[h]abeas corpus is not a vehicle for obtaining additional appeals of issues which were raised or should have been raised on direct appeal, or which could have been, should have been, or were raised in post-conviction proceedings”
  • stating that dismissal, rather than transfer, of a habeas corpus petition is proper when a petitioner raises the type of claim that, if properly preserved, could have been raised on direct appeal, or would be untimely if considered as a rule 3.850 motion

Source: CourtListener parenthetical corpus (CC0).

Judges: Clark, Hawkes, Roberts

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.