Hargrave v. Wainwright, No. 59720
| Court | Florida Supreme Court |
| Writing for the Court | PER CURIAM; SUNDBERG |
| Citation | 388 So.2d 1021 |
| Parties | Lenson A. HARGRAVE, Petitioner, v. Louie L. WAINWRIGHT, Respondent. |
| Docket Number | No. 59720 |
| Decision Date | 24 September 1980 |
Page 1021
v.
Louie L. WAINWRIGHT, Respondent.
Bennett H. Brummer, Public Defender, and Elliot H. Scherker and Karen M. Gottlieb, Asst. Public Defenders, Miami, for petitioner.
Jim Smith, Atty. Gen., Tallahassee, for respondent.
PER CURIAM.
The petitioner, Lenson A. Hargrave, has presented by petition for writ of habeas corpus two issues which could have been raised, but were not raised, on his direct appeal. It is well settled that habeas corpus may not be used as a vehicle to raise for the first time issues that the petitioner could have raised during the formal trial and on appeal. State v. Mayo, 87 So.2d 501 (Fla.1956); Irvin v. Chapman, 75 So.2d 591 (Fla.1954), cert. denied, 348 U.S. 915, 75 S.Ct. 297, 99 L.Ed. 718 (1955). Cf. Spenkelink v. State, 350 So.2d 85 (Fla.), cert. denied, 434 U.S. 960, 98 S.Ct. 492, 54 L.Ed.2d 320 (1977) (issue first raised on review under Florida Rule of Criminal Procedure 3.850). Accordingly, the petition for writ of habeas corpus and the application for a stay of execution pending our disposition of this matter are hereby denied.
It is so ordered.
SUNDBERG, C. J., and ADKINS, BOYD, OVERTON, ENGLAND, ALDERMAN and McDONALD, JJ., concur.
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Collins v. Sec'y, Fla. Dep't of Corr., Case No. 3:18-cv-164-J-34JBT
...of habeas corpus cannot be used to raise issues which could have been raised at trial and on direct appeal. See Hargrave v. Wainwright, 388 So. 2d 1021, 1021 (Fla. 1980) (it is well settled that habeas corpus may not be used as a vehicle to raise for the first time issues that the petitione......
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Dobbert v. Wainwright, No. 84-1013-Civ-J-14.
...been but were not raised on direct appeal in the state courts. Hargrave v. State, 396 So.2d 1127 (Fla. 1981); Hargrave v. Wainwright, 388 So.2d 1021 (Fla.1980); Johnson v. State, 390 So.2d 1234 (Fla.App.1980). See also Alvord v. State, 396 So.2d 184, 191 (Fla.1981); Pittman v. State, 401 So......
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Douglas v. Wainwright, No. 81-5927
...have been but were not raised on direct appeal in the state courts. Hargrave v. State, 396 So.2d 1127 (Fla.1981); Hargrave v. Wainwright, 388 So.2d 1021 (Fla.1980); Johnson v. State, 390 So.2d 1234 (Fla.App.1980). See also Alvord v. State, 396 So.2d 184, 191 (Fla.1981); Pittman v. State, 40......
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Hargrave v. Wainwright, No. 84-5102
...No. 84-5102. United States Court of Appeals, Eleventh Circuit. Nov. 3, 1986. Rehearing En Banc Granted Jan. 26, 1987. * See also 388 So.2d 1021. Page Bennett H. Brummer, Public Defender, Elliot H. Scherker, Asst. Public Defender, Miami, Fla., for petitioner-appellant. Jim Smith, Atty. Gen. ......
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Collins v. Sec'y, Fla. Dep't of Corr., Case No. 3:18-cv-164-J-34JBT
...of habeas corpus cannot be used to raise issues which could have been raised at trial and on direct appeal. See Hargrave v. Wainwright, 388 So. 2d 1021, 1021 (Fla. 1980) (it is well settled that habeas corpus may not be used as a vehicle to raise for the first time issues that the petitione......
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Douglas v. Wainwright, No. 81-5927
...have been but were not raised on direct appeal in the state courts. Hargrave v. State, 396 So.2d 1127 (Fla.1981); Hargrave v. Wainwright, 388 So.2d 1021 (Fla.1980); Johnson v. State, 390 So.2d 1234 (Fla.App.1980). See also Alvord v. State, 396 So.2d 184, 191 (Fla.1981); Pittman v. State, 40......
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Hargrave v. Wainwright, No. 84-5102
...No. 84-5102. United States Court of Appeals, Eleventh Circuit. Nov. 3, 1986. Rehearing En Banc Granted Jan. 26, 1987. * See also 388 So.2d 1021. Page Bennett H. Brummer, Public Defender, Elliot H. Scherker, Asst. Public Defender, Miami, Fla., for petitioner-appellant. Jim Smith, Atty. Gen. ......
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Dobbert v. Wainwright, 84-1013-Civ-J-14.
...been but were not raised on direct appeal in the state courts. Hargrave v. State, 396 So.2d 1127 (Fla. 1981); Hargrave v. Wainwright, 388 So.2d 1021 (Fla.1980); Johnson v. State, 390 So.2d 1234 (Fla.App.1980). See also Alvord v. State, 396 So.2d 184, 191 (Fla.1981); Pittman v. State, 401 So......