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Smith v. McNeil

Supreme Court of Florida
Jun 30, 2008
Case No. SC08-1088 (Fla. Jun. 30, 2008)

Opinion

Case No. SC08-1088.

June 30, 2008.

Lower Tribunal No(s). 99-14115.


The petition for writ of habeas corpus is hereby transferred to the Circuit Court of the Fourth Judicial Circuit in and for Duval County, Florida (Case No. 16-1999-CF-014115-AXXX-MA), for consideration as a motion for postconviction DNA testing pursuant to Florida Rule of Criminal Procedure 3.853. The transfer of this case should not be construed as an adjudication or comment on the merits of the petition, nor as a determination that the transferee court has jurisdiction or that the petition should be considered as a motion for postconviction relief. The transferee court should not interpret the transfer of this case as an indication that it must or should reach the merits of the petition. The transferee court shall treat the petition as if it had been originally filed there on the date it was filed in this Court. Any determination concerning whether a filing fee shall be applicable to this case shall be made by the transferee court. Any and all pending motions in this case are hereby deferred to the transferee court.

Any future pleadings filed regarding this case should be filed in the above mentioned circuit court at 330 East Bay Street, Jacksonville, Florida 32202.


Summaries of

Smith v. McNeil

Supreme Court of Florida
Jun 30, 2008
Case No. SC08-1088 (Fla. Jun. 30, 2008)
Case details for

Smith v. McNeil

Case Details

Full title:WALTER NATHANIEL SMITH, Petitioner(s) v. WALTER A. MCNEIL, ETC.…

Court:Supreme Court of Florida

Date published: Jun 30, 2008

Citations

Case No. SC08-1088 (Fla. Jun. 30, 2008)