Opinion
No. SC13–1124.
2013-11-15
William Thaddeus TURNER, Petitioner(s) v. Michael D. CREWS, etc., Respondent(s).
Respondent's motion to dismiss is granted because Turner's third petition for a writ of habeas corpus, filed on June 25, 2013, fails to present a cognizable claim. Turner's habeas petition argues that: (1) trial counsel provided ineffective assistance during the penalty phase for a variety of reasons; (2) Turner's death sentence and this Court's decisions affirming it are inconsistent with current jurisprudence including Porter v. McCollum, 558 U.S. 30, 130 S.Ct. 447, 175 L.Ed.2d 398 (2009), Green v. State, 975 So.2d 1081 (Fla.2008), Huff v. State, 622 So.2d 982 (Fla.1993), and Cheshire v. State, 568 So.2d 908 (Fla.1990); and (3) Turner's death sentence is disproportionate, irrational, and contrary to Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002). Turner's habeas petition attempts to relitigate claims that this Court previously rejected on direct appeal and during postconviction proceedings. See Turner v. State, 530 So.2d 45, 47, 50–51 (1987) (affirming convictions and sentences on direct appeal); Turner v. Dugger, 614 So.2d 1075, 1078 (Fla.1992) (affirming circuit court order denying postconviction motion containing numerous ineffective assistance of counsel claims); Turner v. State, 880 So.2d 1213 (Fla.2004) (Table) (denying habeas petition raising claim under Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002)); Turner v. State, 91 So.3d 784 (Fla.2012) (affirming circuit court order denying claim that Porter v. McCollum, 558 U.S. 30, 130 S.Ct. 447, 175 L.Ed.2d 398 (2009), applies retroactively). “Habeas corpus is not to be used for additional appeals of issues that could have been, should have been, or were raised on appeal or in other postconviction motions.” Mills v. Dugger, 559 So.2d 578, 579 (Fla.1990). Accordingly, Turner's petition for a writ of habeas corpus filed on June 25, 2013, fails to present a cognizable claim.