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Miller v. McNeil

Supreme Court of Florida
Aug 31, 2010
44 So. 3d 1178 (Fla. 2010)

Opinion

Case No. SC10-1138.

August 31, 2010.

Lower Tribunal No(s). 91-22625CF10A.


The petition for writ of habeas corpus 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, POLSTON, LABARGA, and PERRY, JJ., concur.


Summaries of

Miller v. McNeil

Supreme Court of Florida
Aug 31, 2010
44 So. 3d 1178 (Fla. 2010)
Case details for

Miller v. McNeil

Case Details

Full title:CHARLES JAMES MILLER, Petitioner(s) v. WALTER A. McNEIL, ETC.…

Court:Supreme Court of Florida

Date published: Aug 31, 2010

Citations

44 So. 3d 1178 (Fla. 2010)