Atkins v. Wainwright

District Court of Appeal of Florida

Decided May 4, 1967

District Court of Appeal of Florida · decided 1967-05-04

Relies on 155 So. 2d 868 - Mitchell v. Wainwright · 184 So. 2d 659 - Zuniga v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1967-05-04

How this case has been cited

Cited by 17 later decisions — most recently December 1991

17 state decisions — followed in 12 states

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1This petitioner has filed an original petition for writ of habeas corpus. The matters upon which he relies to obtain relief occurred in the trial court in Collier County.

¶2It is a well-established rule of this state that relief by way of habeas corpus is not available unless or until the petitioner has exhausted all avenues of relief which are open to him pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix. Mitchell v. Wainwright, 155 So.2d 868 (Fla.1963); Zuniga v. State, 184 So.2d 659 (Fla.App.1st, 1966).

¶3Petitioner having failed to pursue such method of relief we hereby deny the application for a writ of habeas corpus.

WIGGINTON, Acting C. J., and JOHNSON and SPECTOR, JJ., concur.