Joseph Barney Wainwright Jr v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledNovember 25, 2020
Docket1D20-1119
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D20-1119
_____________________________
JOSEPH BARNEY WAINWRIGHT
JR,
Petitioner,
v.
STATE OF FLORIDA,
Respondent.
_____________________________
Petition for Writ of Habeas Corpus—Original Jurisdiction.
November 25, 2020
PER CURIAM.
DISMISSED. See Logan v. State, 846 So. 2d 472, 479 (Fla. 2003)
(holding that a habeas petition will be dismissed as unauthorized
when it is clear that the petitioner “is represented by counsel in
the proceeding below and is not seeking to discharge counsel in
that proceeding”); Loor v. State, 271 So. 3d 105, 105–06 (Fla. 3d
DCA 2019) (dismissing habeas petition as unauthorized even
though petitioner was pro se when he filed the petition, because
petitioner was later represented by counsel in the proceeding
below and had not sought to discharge counsel).
ROWE, OSTERHAUS, and LONG, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Joseph Barney Wainwright Jr, pro se, Petitioner.
Ashley Moody, Attorney General, Tallahassee, for Respondent.
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