Third District Court of Appeal
State of Florida
Opinion filed September 1, 2021.
Not final until disposition of timely filed motion for rehearing.
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No. 3D21-1214
Lower Tribunal No. F99-2879
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Mel O. Firsher,
Petitioner,
vs.
Ashley Moody, etc.,
Respondent.
A Case of Original Jurisdiction – Habeas Corpus.
Mel O. Firsher, in proper person.
Ashley Moody, Attorney General, and Joanne Diez, Assistant
Attorney General, for respondent.
Before EMAS, LOGUE and BOKOR, JJ.
PER CURIAM.
Petitioner has raised the same issue multiple times before the
appellate court and the trial court. This type of successive, repetitive
pleading is improper. Accordingly, the petition is denied. See 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.”)
(citation omitted); Mills v. Dugger,
574 So. 2d 63, 65 (Fla. 1990) (“[H]abeas
corpus is not to be used ‘for obtaining additional appeals of issues which
were raised, or should have been raised, on direct appeal . . . or which
could have, should have, or have been raised in’ prior postconviction
filings.”) (citation omitted); Firsher v. State, No. 3D21-787,
2021 WL
1688893 (Fla. 3d DCA Mar. 25, 2021) (denying petition for belated appeal
on the same substantive issue as the instant petition); Firsher v. Moody,
No. 3D20-374,
2020 WL 1686837 (Fla. 3d DCA Feb. 28, 2020) (ordering
sua sponte transfer of habeas petition on same issue to trial court); Firsher
v. State, No. 3D19-1860,
2019 WL 6048378 (Fla. 3d DCA Sept. 26, 2019)
(denying petition for belated appeal on same substantive issue).
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