Hargrave v. Wainwright
Cases that cite this one
21 later published cases cite this decision.
- Collins v. Secretary, Department of Corrections (United States District Court for the Middle District of Florida 2020)
- Kuehl v. Bradshaw (Fla. Dist. Ct. App. 2007)
- Dutton v. Alford (Fla. Dist. Ct. App. 2001)
- Pompey v. Cochran (Fla. Dist. Ct. App. 1997)
- Alves v. Barnett Mortg. Co. (Fla. Dist. Ct. App. 1997)
- Dobson v. State (Fla. Dist. Ct. App. 1989)
- Thomas v. Wainwright (Fla. 1986)
- Harris v. Wainwright (Fla. 1985)
- Witt v. State (Fla. 1985)
- Ford v. Wainwright (Fla. 1984)
- Dobbert v. Wainwright (United States District Court for the Middle District of Florida 1984)
- Douglas v. Wainwright (11th Cir. 1983)
- Hargrave v. State (Fla. 1983)
- McCrae v. Wainwright (Fla. 1983)
- Gray v. Wainwright (Fla. Dist. Ct. App. 1983)
- Douglas v. Wainwright (11th Cir. 1983)
- Thompson v. State (Fla. 1982)
- Pannier v. Wainwright (Fla. Dist. Ct. App. 1982)
- Hargrave v. State (Fla. 1981)
- Nelson v. State (Fla. Dist. Ct. App. 1981)
- Johnson v. State (Fla. Dist. Ct. App. 1980)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Lenson A. HARGRAVE, Petitioner,
v.
Louie L. WAINWRIGHT, Respondent.
Supreme Court of Florida.
Bennett H. Brummer, Public Defender, and Elliot H. Scherker and Karen M. Gottlieb, Asst. Public Defenders, Miami, for petitioner.
Jim Smith, Atty. Gen., Tallahassee, for respondent.
PER CURIAM.
The petitioner, Lenson A. Hargrave, has presented by petition for writ of habeas corpus two issues which could have been raised, but were not raised, on his direct appeal. It is well settled that habeas corpus may not be used as a vehicle to raise for the first time issues that the petitioner could have raised during the formal trial and on appeal. State v. Mayo, 87 So.2d 501 (Fla. 1956); Irvin v. Chapman, 75 So.2d 591 (Fla. 1954), cert. denied, 348 U.S. 915, 75 S.Ct. 297, 99 L.Ed. 718 (1955). Cf. Spenkelink v. State, 350 So.2d 85 (Fla.), cert. denied, 434 U.S. 960, 98 S.Ct. 492, 54 L.Ed.2d 320 (1977) (issue first raised on review under Florida Rule of Criminal Procedure 3.850). Accordingly, the petition for writ of habeas corpus and the application for a stay of execution pending our disposition of this matter are hereby denied.
It is so ordered.
SUNDBERG, C.J., and ADKINS, BOYD, OVERTON, ENGLAND, ALDERMAN and McDONALD, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.