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Newkirk v. Carney

Supreme Court of Florida
Sep 9, 2014
CASE NO.: SC14-925 (Fla. Sep. 9, 2014)

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


Summaries of

Newkirk v. Carney

Supreme Court of Florida
Sep 9, 2014
CASE NO.: SC14-925 (Fla. Sep. 9, 2014)
Case details for

Newkirk v. Carney

Case Details

Full title:WILLIAM NEWKIRK Petitioner(s) v. ROBERT CARNEY, OFFICE OF THE STATE…

Court:Supreme Court of Florida

Date published: Sep 9, 2014

Citations

CASE NO.: SC14-925 (Fla. Sep. 9, 2014)