Opinion
SC2024-0183
03-18-2024
Bryan James Walters, Petitioner(s) v. State of Florida, Respondent(s)
Lower Tribunal No(s).: 162022MM008420AXXXMA
To the extent Petitioner challenges his conviction in case number 162022MM008420AXXXMA, 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). To the extent Petitioner seeks to reopen case number 162020CA003058XXXXMA, the petition is hereby dismissed because this Court generally will not consider the repetitive petitions of persons who have abused the judicial processes of the lower courts such that they have been barred from filing certain actions there. See Pettway v. State, 776 So.2d 930, 931 (Fla. 2000). No motion for rehearing will be entertained.
Because it appears that Petitioner's filing is abusive, repetitive, or frivolous, Petitioner is cautioned that repetitive requests for the same relief, the submission of frivolous or meritless filings, or the commission of any other act that constitutes an abuse of the judicial process may result in a pro se barring order.
CANADY, COURIEL, GROSSHANS, FRANCIS, and SASSO, JJ., concur.