WILLIE JASPER DARDEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We have for consideration an appeal of a Florida Criminal Rule 3.850 proceeding commenced by the appellant on Friday, May 18,1979. The appellant contends he is entitled to a new trial because of newly discovered evidence and ineffective assistance of counsel during the course of his trial. On Monday, May 21, 1979 the original trial judge in this cause heard testimony on these contentions and denied relief.
The appellant now appeals to this Court and requests a stay of execution. We have received the record and the transcript of the trial court proceeding held on May 21, 1979. Upon a full consideration of this record we find the contentions of the appellant are without merit. The application for a stay of execution of sentence is denied and the order of the trial judge is affirmed.
It is so ordered.
ADKINS, BOYD, OVERTON, SUND-BERG and ALDERMAN, JJ., concur. ENGLAND, C. J., and HATCHETT, J., dissent with an opinion.
ENGLAND, Chief Justice, and HATCH-ETT, Justice,
dissenting.
We dissent from the Court’s affirmance of the trial court’s order entered on May 21, 1979, and the Court’s denial of a stay pending appeal. We would grant a stay of execution for a short period of time, allow the parties to file briefs, and thereafter render a decision on an expedited basis.
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Darden v. State, 475 So. 2d 217 (Fla. 1985)…sues raised on direct appeal are in this Court’s opinion in Darden v. State, 329 So. 2d 287 (Fla.1976), cert. dismissed, 430 U.S. 704, 97 S.Ct. 1671, 51 L.Ed.2d 751 (1977). A prior 3.850 motion was denied and affirmed by this Court. Darden v. State, 372 So. 2d 437 (Fla.1979). Darden raises seven claims in his motion for post conviction relief. The state contends that the claims raised by Darden in this second successive motion to vacate constitute a flagrant abuse of the purpose behind Florida Rule of Crimin…
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Darden v. State, 496 So. 2d 136 (Fla. 1986)…n. The first claim alleges that his trial counsel was ineffective for failing to competently investigate Darden’s alibi, his defense at trial. Darden raised the issue of his trial counsel’s ineffectiveness in his first 3.850 motion, Darden v. State, 372 So. 2d 437 (Fla.1979). We affirm the trial court’s denial of relief because Darden is procedurally barred from raising this issue again in a successive petition. See Stewart v. State, 495 So. 2d 164 (Fla.1986). The second issue raised alleges that the death p…1 / 2
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Darden v. State, 521 So. 2d 1103 (Fla. 1988)…rder and sentence of death in Darden v. State, 329 So. 2d 287 (Fla.1976), cert. dismissed, 430 U.S. 704, 97 S.Ct. 1671, 51 L.Ed.2d 751 (1977). The denial of Darden’s first rule 8.850 motion for post-conviction relief was affirmed in Darden v. State, 372 So. 2d 437 (Fla.1979). Darden’s first petition to this Court for a writ of habeas corpus raising claims of ineffective assistance of appellate counsel was denied in Darden v. State, 475 So. 2d 214 (Fla.1985). The denial of a second 3.850 motion for post-convic…
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