Opinion
Case No. SC08-469.
July 11, 2008.
Lower Tribunal No(s). 4D08-191.
The petition for writ of mandamus 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). See also Turner v. Singletary, 623 So. 2d 537, 538 (Fla. 1st DCA 1993) (to show entitlement to a writ of mandamus, petitioner must demonstrate a clear legal right to the performance of the act requested, an indisputable legal duty on the part of the respondent, and that no other adequate remedy exists).
QUINCE, C.J., and WELLS, ANSTEAD, PARIENTE, BELL, JJ., concur.