Opinion
Case No. SC03-694.
August 29, 2003.
Lower Tribunal Nos. 1D00-4902, 1D00-4297, 1D02-5143.
Petitioner's petition for writ of mandamus is hereby denied as successive and as proceduraly barred. 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). See Breedlove v. Singletary, 595 So.2d 8, 10 (Fla. 1992) (a petition for extraordinary relief is not a second appeal and cannot be used to litigate or relitigate issues which were or could have been raised on direct appeal or in prior post conviction proceedings). Further, petitioner's "Supplemental Petition for Review of Order Excluding Members of the Public" 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 which were or could have been raised on direct appeal or in prior post conviction proceedings. See Breedlove v. Singletary, 595 So.2d 8, 10 (Fla. 1992); Mills v. Dugger, 574 So.2d 63, 65 (Fla. 1990).
ANSTEAD, C.J., and WELLS, PARIENTE, CANTERO and BELL, JJ., concur.