NICHOLAS BLAZEVICH v. THE STATE OF FLORIDA ( 2021 )


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  •       Third District Court of Appeal
    State of Florida
    Opinion filed November 10, 2021.
    Not final until disposition of timely filed motion for rehearing.
    ________________
    No. 3D21-1795
    Lower Tribunal No. 20-657 A-K
    ________________
    Nicholas Blazevich,
    Petitioner,
    vs.
    The State of Florida,
    Respondent.
    A Case of Original Jurisdiction - Habeas Corpus.
    Nicholas Blazevich, in proper person.
    Ashley Moody, Attorney General, and David Llanes, Assistant Attorney
    General, for respondent.
    Before HENDON, MILLER and GORDO, JJ.
    PER CURIAM.
    Following review of the petition and the response thereto, it is ordered
    that said petition is hereby dismissed as improper. See Henry v. Santana,
    
    62 So. 3d 1122
    , 1126 n.3 (Fla. 2011) (“The purpose of a habeas corpus
    proceeding is to inquire into the legality of the petitioner’s present detention.”
    (quoting Sneed v. Mayo, 
    69 So. 2d 653
    , 654 (Fla. 1954))); Patterson v.
    Christensen, 
    183 So. 18
    , 19 (Fla. 1938) (“Habeas corpus is not the proper
    proceeding in which to challenge venue . . . .”); King v. State, 
    695 So. 2d 1299
    , 1299 (Fla. 4th DCA 1997) (“[C]laims of ineffective assistance of trial
    counsel are not cognizable in a petition for habeas corpus . . . .”).
    2
    

Document Info

Docket Number: 21-1795

Filed Date: 11/10/2021

Precedential Status: Precedential

Modified Date: 11/10/2021