[DOWNLOAD] "Leonard v. Wainwright" by Fifth Circuit United States Court Of Appeals # Book PDF Kindle ePub Free

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eBook details

• Title: Leonard v. Wainwright
• Author : Fifth Circuit United States Court Of Appeals
• Release Date : January 29, 1979
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

Lee Berry Leonard, a state prisoner in Florida, appeals from the district court's denial of his petition for habeas corpus filed pursuant to 28 U.S.C.A. § 2254. In addition to his allegations that certain errors occurred during his trial, appellant alleges that his conviction was affirmed on direct appeal and that his motion for post-conviction relief under Rule 3.850, Fla.R.Crim.P., was denied by the Florida trial court. The form supplied to appellant to file his federal habeas corpus petition contained the following question regarding his Rule 3.850 motion: ""Did you appeal to the highest state court having jurisdiction the result of any action taken on any petition, application, or motion."" Appellant checked the box marked ""No"" and offered no further explanation. Based on this information, the district court dismissed the petition without prejudice, holding that appellant had bypassed available state appellate court remedies. Section 2254(b) requires the exhaustion of state court remedies before a federal habeas corpus application will be entertained. Picard v. Connor, 404 U.S. 270, 92 S. Ct. 509, 512, 30 L. Ed. 2d 438 (1971). In Florida, exhaustion usually requires not only the filing of a Rule 3.850 motion, but an appeal from its denial. Lee v. Wainwright, 468 F.2d 809, 810 (5th Cir. 1972); Williams v. Wainwright, 452 F.2d 775, 776-7 (5th Cir. 1971); Bartz v. Wainwright, 451 F.2d 663, 666-67 n.17. Because appellant's petition nowhere indicated that an appeal from the denial of his Rule 3.850 motion had been taken, the district court's disposition of the petition was correct.

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