Opinion
Case No. SC09-458.
June 9, 2009.
Lower Tribunal No(s). 1D08-2119, 93-006014HHH.
To the extent the petitioner is seeking a subsequent appeal, the petition for writ of mandamus 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).
To the extent the petitioner is seeking other relief, the petition for writ of mandamus is denied. In order to be entitled to a writ of mandamus, a petitioner must show a clear legal right to the performance of the requested act, that the respondent has an indisputable legal duty to perform that act, and that no other adequate remedy exists. See Huffman v. State, 813 So. 2d 10, 11 (Fla. 2000).
PARIENTE, LEWIS, CANADY, LABARGA, and PERRY, JJ., concur.