Opinion
CASE NO.: SC13-1464 Lower Tribunal No.: CRC06-03984CFANOM Lower Tribunal No.: CRC06-09212CFANOM
01-29-2014
TIMOTHY A. MARR Petitioner(s) v. THE FLORIDA BAR Respondent(s)
Petitioner filed a petition for writ of mandamus. To the extent petitioner seeks a writ of mandamus directed to The Florida Bar, the petition is hereby dismissed pursuant to Tyson v. Fla. Bar, 826 So. 2d 265, 268 (Fla. 2002). To the extent petitioner also seeks to challenge his conviction and sentence, 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). PARIENTE, LEWIS, CANADY, LABARGA, and PERRY, JJ., concur. A True Copy
Test:
___________________
John A. Tomasino
Clerk. Supreme Court
sh
Served:
KENNETH LAWRENCE MARVIN
TIMOTHY A. MARR
HON. PAMELA JO BONDI
HON. KEN BURKE, CLERK
JOHN F. HARKNESS, JR.