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Smicker v. McNeil

Supreme Court of Florida
Nov 17, 2008
996 So. 2d 859 (Fla. 2008)

Opinion

No. SC08-1700.

November 17, 2008.

Lower Tribunal No(s). 90-CF-18916.


The 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 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).

WELLS, ANSTEAD, LEWIS, CANADY and POLSTON, JJ., concur.


Summaries of

Smicker v. McNeil

Supreme Court of Florida
Nov 17, 2008
996 So. 2d 859 (Fla. 2008)
Case details for

Smicker v. McNeil

Case Details

Full title:PHILIP ARNOLD SMICKER A/K/A, Petitioner(s) v. WALTER A. McNEIL, ETC…

Court:Supreme Court of Florida

Date published: Nov 17, 2008

Citations

996 So. 2d 859 (Fla. 2008)