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Simmons v. McNeil

Supreme Court of Florida
Jun 11, 2009
12 So. 3d 753 (Fla. 2009)

Opinion

No. SC09-727.

June 11, 2009.

Lower Tribunal No(s). 67-967.


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, CANADY, LABARGA, and PERRY, JJ., concur.


Summaries of

Simmons v. McNeil

Supreme Court of Florida
Jun 11, 2009
12 So. 3d 753 (Fla. 2009)
Case details for

Simmons v. McNeil

Case Details

Full title:LESTER SIMMONS, Petitioner(s) v. WALTER A. McNEIL, ETC., Respondent(s)

Court:Supreme Court of Florida

Date published: Jun 11, 2009

Citations

12 So. 3d 753 (Fla. 2009)