Opinion
CASE NO.: SC14-925
09-09-2014
WILLIAM NEWKIRK Petitioner(s) v. ROBERT CARNEY, OFFICE OF THE STATE ATTORNEY, 17TH JUDICIAL CIRCUIT Respondent(s)
Lower Tribunal No(s).: 80-9947; 81-634
The petition for writ of quo warranto 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, POLSTON, and PERRY, JJ., concur. A True Copy
Test:
/s/_________
John A. Tomasino
Clerk, Supreme Court
sh
Served:
ROBERT CARNEY
WILLIAM NEWKIRK
HON. HOWARD FORMAN, CLERK