Herbert Brooks v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJuly 6, 2020
Docket1D20-0433
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D20-433
_____________________________
HERBERT BROOKS,
Petitioner,
v.
STATE OF FLORIDA,
Respondent.
_____________________________
Petition for Writ of Habeas Corpus—Original Jurisdiction.
July 6, 2020
PER CURIAM.
The petition for writ of habeas corpus is dismissed as
unauthorized and successive. See Baker v. State, 878 So. 2d 1236
(Fla. 2004) (holding that habeas corpus is not a means to litigate
issues that could have been or were raised in a direct appeal or
postconviction motion); Johnson v. Singletary, 647 So. 2d 106, 109
(Fla. 1994) (holding that “[s]uccessive habeas corpus petitions
seeking the same relief are not permitted”).
Petitioner is warned that any future filings that this Court
determines to be frivolous or malicious may result in the
imposition of sanctions, including a prohibition against any
further pro se filings in this Court and a referral to the appropriate
institution for disciplinary procedures as provided in section
944.279, Florida Statutes (2019) (providing that “[a] prisoner who
is found by a court to have brought a frivolous or malicious suit,
action, claim, proceeding, or appeal . . . is subject to disciplinary
procedures pursuant to the rules of the Department of
Corrections”).
ROWE, MAKAR, and TANENBAUM, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Herbert Brooks, pro se, Petitioner.
Ashley Moody, Attorney General, Tallahassee, for Respondent.
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