Herndon v. State

Decided September 28, 2001

Supreme Court of Florida · decided 2001-09-28

Cited by 43 later decisions (2 by the Supreme Court) — most recently April 2018 · most notably 817 So. 2d 841 - Armstead v. State (2002), 899 So. 2d 1121 - Allstate Indem. Co. v. Ruiz (2005)

41 state decisions

Relies on 595 So. 2d 8 - Breedlove v. Singletary · 574 So. 2d 63 - Mills v. Dugger

Good law ✅— No negative treatment on recordhow we know

Decided 2001-09-28

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¶1ORDER DENYING PETITION

¶2The Petition for Writ of Habeas Corpus is hereby denied as procedurally barred. A petition for extraordinary relief is not a second appeal and cannot be used to litigate or relitigate issues which were or could have been raised on direct appeal or in prior postconviction proceedings. See Breedlove v. Singletary, 595 So.2d 8, 10 (Fla.1992); Mills v. Dugger, 574 So.2d 63, 65 (Fla.1990). The Petitioner is further advised that the continued filing of procedurally barred petitions could ultimately result in sanctions.

WELLS, C.J., and SHAW, HARDING, LEWIS and QUINCE, JJ., concur.