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MONTGOMERY v. BUSS

Supreme Court of Florida
Jul 25, 2011
68 So. 3d 235 (Fla. 2011)

Opinion

Case No. SC11-674.

July 25, 2011.

Lower Tribunal No(s). 92-1528CFAWS.


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, QUINCE, POLSTON, and PERRY, JJ., concur.


Summaries of

MONTGOMERY v. BUSS

Supreme Court of Florida
Jul 25, 2011
68 So. 3d 235 (Fla. 2011)
Case details for

MONTGOMERY v. BUSS

Case Details

Full title:RICHARD L. MONTGOMERY, Petitioner(s) v. EDWIN G. BUSS, ETC., Respondent(s)

Court:Supreme Court of Florida

Date published: Jul 25, 2011

Citations

68 So. 3d 235 (Fla. 2011)