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Ashely v. McNeil

Supreme Court of Florida
Jan 9, 2009
No. SC08-2106 (Fla. Jan. 9, 2009)

Opinion

No. SC08-2106.

January 9, 2009.

Lower Tribunal No(s). F92-36155.


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, PARIENTE, LEWIS, CANADY, and POLSTON, JJ., concur.


Summaries of

Ashely v. McNeil

Supreme Court of Florida
Jan 9, 2009
No. SC08-2106 (Fla. Jan. 9, 2009)
Case details for

Ashely v. McNeil

Case Details

Full title:JAMES ASHELY A/K/A JAMES ASHLEY, Petitioner(s) v. WALTER A. MCNEIL, ETC.…

Court:Supreme Court of Florida

Date published: Jan 9, 2009

Citations

No. SC08-2106 (Fla. Jan. 9, 2009)