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Salmon v. State

Citations: 792 So. 2d 1218; 2001 Fla. App. LEXIS 12076; 2001 WL 965039Docket: No. 1D00-4065

Court: District Court of Appeal of Florida; August 27, 2001; Florida; State Appellate Court

Narrative Opinion Summary

The order denying the appellant’s petition for writ of habeas corpus is affirmed. The court notes that the appellant may seek the appropriate remedy in the relevant circuit court. It clarifies that a circuit court lacks jurisdiction to review the legality of a conviction from another circuit or to mandate a new trial, referencing case law (Leichtman v. Singletary and McLevy v. State). The decision is unanimous among the presiding judges.

Legal Issues Addressed

Affirmation of Lower Court's Decision

Application: The appellate court affirmed the order denying the appellant's petition for writ of habeas corpus, indicating agreement with the lower court's decision.

Reasoning: The order denying the appellant’s petition for writ of habeas corpus is affirmed.

Appellate Review and Available Remedies

Application: The court indicated that the appellant could seek an appropriate remedy in the relevant circuit court, implying that the appellant must pursue relief in the proper jurisdiction.

Reasoning: The court notes that the appellant may seek the appropriate remedy in the relevant circuit court.

Jurisdiction of Circuit Courts in Habeas Corpus Petitions

Application: The court affirmed that a circuit court does not have jurisdiction to review the legality of a conviction from another circuit or to mandate a new trial.

Reasoning: It clarifies that a circuit court lacks jurisdiction to review the legality of a conviction from another circuit or to mandate a new trial, referencing case law (Leichtman v. Singletary and McLevy v. State).