WILBUR L. MITCHELL, vs THE STATE OF FLORIDA,

Annotate this Case

Download PDF

Third District Court of Appeal State of Florida Opinion filed September 8, 2021. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D21-1722 Lower Tribunal No. F93-36795 ________________ Wilbur L. Mitchell, Petitioner, vs. The State of Florida, Respondent. A Case of Original Jurisdiction – Habeas Corpus. Wilbur L. Mitchell, in proper person. Ashley Moody, Attorney General, for respondent. Before MILLER, LOBREE and BOKOR, JJ. PER CURIAM. Petitioner seeks habeas corpus relief raising an argument which he has raised in multiple previous appeals or petitions. Petitioner may not rephrase or re-raise the same argument, or variations thereof, multiple times. Additionally, Petitioner cannot seek relief on an issue adjudicated by this Court by recasting what would be a successive (or otherwise improper) postconviction collateral appeal as a habeas corpus petition. See, e.g., Baker v. State, 878 So. 2d 1236, 1245 (Fla. 2004) (“The remedy of habeas corpus is not available in Florida to obtain the kind of collateral postconviction relief available by motion in the sentencing court pursuant to rule 3.850.”); see also Mitchell v. State, No. 3D20-1702, 2021 WL 48217 (Fla. Jan. 6, 2021) (affirming postconviction appeal on same grounds). Petition dismissed. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.