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Lawton v. State

Supreme Court of Florida
Jun 8, 2009
16 So. 3d 133 (Fla. 2009)

Opinion

No. SC09-255.

June 8, 2009.

Lower Tribunal No(s). 1D08-6200.


To the extent that petitioner seeks a writ of mandamus, the petition is hereby denied as successive. See Jenkins v. Wainwright, 322 So. 2d 477, 478 (Fla. 1975) (declaring that once a petitioner seeks relief in a particular court by means of a petition for extraordinary writ, he has picked his forum and is not entitled to a second or third opportunity for the same relief by the same writ in a different court).

To the extent that petitioner seeks a writ of habeas corpus, 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) and Breedlove v. Singletary, 595 So. 2d 8, 10 (Fla. 1992).

PARIENTE, LEWIS, POLSTON, LABARGA, and PERRY, JJ., concur.


Summaries of

Lawton v. State

Supreme Court of Florida
Jun 8, 2009
16 So. 3d 133 (Fla. 2009)
Case details for

Lawton v. State

Case Details

Full title:BURKE B. LAWTON, Petitioner(s) v. STATE OF FLORIDA, Respondent(s)

Court:Supreme Court of Florida

Date published: Jun 8, 2009

Citations

16 So. 3d 133 (Fla. 2009)