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Wallace v. McNeil

Supreme Court of Florida
Jan 11, 2011
53 So. 3d 231 (Fla. 2011)

Opinion

Case No. SC10-1598.

January 11, 2011.

Lower Tribunal No(s). 03-21355 CF10A.


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, LABARGA, and PERRY, JJ., concur.


Summaries of

Wallace v. McNeil

Supreme Court of Florida
Jan 11, 2011
53 So. 3d 231 (Fla. 2011)
Case details for

Wallace v. McNeil

Case Details

Full title:JAMES WALLACE, Petitioner(s) v. WALTER A. MCNEIL, ETC., Respondent(s)

Court:Supreme Court of Florida

Date published: Jan 11, 2011

Citations

53 So. 3d 231 (Fla. 2011)