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Cunningham v. Tucker

Supreme Court of Florida
Sep 20, 2011
Case No. SC11-1285 (Fla. Sep. 20, 2011)

Opinion

Case No. SC11-1285.

September 20, 2011.

Lower Tribunal No(s). 97-CF-286.


To the extent that petitioner seeks a writ of habeas corpus, the petition 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 that were or could have been raised on direct appeal or in prior postconviction proceedings. See Denson v. State, 775 So. 2d 288, 290 (Fla. 2000);Breedlove v. Singletary, 595 So. 2d 8, 10 (Fla. 1992).

To the extent petitioner seeks to invoke the Court's all writs jurisdiction, the petition is hereby dismissed pursuant toWilliams v. State, 913 So. 2d 541 (Fla. 2005) and St. Paul Title Ins. Corp. v. Davis, 392 So. 2d 1304 (Fla. 1980).

Any motions or other requests for relief are also denied.

PARIENTE, LEWIS, QUINCE, POLSTON, and LABARGA, JJ., concur.


Summaries of

Cunningham v. Tucker

Supreme Court of Florida
Sep 20, 2011
Case No. SC11-1285 (Fla. Sep. 20, 2011)
Case details for

Cunningham v. Tucker

Case Details

Full title:KENDRICK CUNNINGHAM, Petitioner(s) v. KENNETH S. TUCKER, ETC.…

Court:Supreme Court of Florida

Date published: Sep 20, 2011

Citations

Case No. SC11-1285 (Fla. Sep. 20, 2011)