Opinion
SC2024-1200
11-06-2024
Jermaine L. Copeland, Petitioner(s) v. Secretary, Department of Corrections, Respondent(s)
Lower Tribunal No(s).: 522005CF019644AXXXNO.
Petitioner has filed an "Emergency Petition for Extraordinary Relief to Preclude A Miscarriage of Justice," which this Court has treated as a petition for writ of habeas corpus. To the extent Petitioner raises the same issues as in Copeland v. Secretary, Dep't of Corr., Case No. SC2024-0570, 2024 WL 3339378 (Fla. July 9, 2024), the petition is hereby denied. Cf. Topps v. State, 865 So.2d 1253 (Fla. 2004). To the extent Petitioner raises an ineffective assistance of appellate counsel claim, 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). No motion for rehearing will be considered.
CANADY, LABARGA, COURIEL, FRANCIS, and SASSO, JJ., concur.