Opinion
SC22-532
07-14-2022
JEREMIAH J. BUTLER Petitioner(s) v. STATE OF FLORIDA Respondent(s)
Lower Tribunal No(s).: 1D20-1803; 1D13-6110; 161996CF005156AXXXMA
To the extent Petitioner seeks a writ of prohibition, the "Petition for Writ of Prohibition and After - Native Habeas Corpus Relief" is hereby dismissed because this Court generally will not consider the repetitive petitions of persons who have abused the judicial processes of the lower courts such that they have been barred from filing certain actions there. See Pettway v. State, 776 So.2d 930, 931 (Fla. 2000). To the extent Petitioner challenges his conviction, the petition is denied because 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 challenges his sentences, the petition is dismissed as moot in light of his pending resentencing. See Godwin v. State, 593 So.2d 211, 212 (Fla. 1992) ("A case is 'moot' when it presents no actual controversy or when the issues have ceased to exist."). To the extent Petitioner challenges this Court's prior order in Butler v. State, 2017 WL 2709777, Case No. SC16-88, 42 Fla.L.Weekly S750 (Fla. Jun. 23, 2017), the petition is dismissed as an untimely motion for rehearing. See Fla. R. App. P. 9.330(a)(1) ("A motion for rehearing . . . may be filed within 15 days of an order or decision of the court within such other time set by the court."). No motion for rehearing or reinstatement will be entertained by this Court.
CANADY, POLSTON, LABARGA, LAWSON, and GROSSHANS, JJ., concur.