CHARLES WILLIAM PROFFITT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CHARLES WILLIAM PROFFITT, APPELLANT,
STATE OF FLORIDA, APPELLEE
372 So. 2d 1111
Florida Supreme Court (1979)
Positive Treatment
Cited by 14 cases
Opinion of the Court
PER CURIAM.
This is an appeal from a denial, without an evidentiary hearing, of appellant’s second motion for post-conviction relief under our Rule of Criminal Procedure 3.850. A previous appeal from a denial of post-conviction relief was dismissed by this Court as legally frivolous. Proffitt v. State, 360 So. 2d 771 (Fla.), cert. dismissed on petitioner’s own motion, 439 U.S. 920, 99 S.Ct. 294, 58 L.Ed.2d 266 (1978). This appeal is also legally frivolous and is therefore dismissed.
The motion for stay of execution is denied.
ENGLAND, C. J., and ADKINS, BOYD, OVERTON, SUNDBERG and ALDERMAN, JJ., concur. HATCHETT, J., not participating.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Douglas v. State, 373 So. 2d 895 (Fla. 1979)…or Douglas. Accordingly, having had the benefit of briefs and oral argument, we are willing to accord the merits of this appeal expedited consideration, much as we would deal with issues on appeal which are patently frivolous. See Proffitt v. State, 372 So. 2d 1111 (Fla.1979); Spenkelink v. State, 372 So. 2d 65 (Fla.1979). * Sullivan v. State, 372 So. 2d 938 (Fla.1979).…
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Proffitt v. State, 510 So. 2d 896 (Fla. 1987)…ndment challenge. Proffitt v. Florida, 428 U.S. 242, 96 S.Ct. 2960, 49 L.Ed.2d 913 (1976). Subsequently, this Court considered and rejected two post-conviction relief proceedings. See Proffitt v. State, 360 So. 2d 771 (Fla. 1978); Proffitt v. State, 372 So. 2d 1111 (Fla. 1979). Thereafter, Proffitt obtained federal habeas corpus relief by a decision of the United States Circuit Court of Appeals for the Eleventh Circuit, which remanded the case to the state courts for resentencing in light of errors which that…
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Brooks v. The Sch. Bd. OF Brevard Cnty., 382 So. 2d 422 (Fla. 5th DCA 1980)…). It appears that this appeal is premature because administrative action is not complete. The aggrieved employee may not appeal to this court until the administrative appeal to the Department is concluded. School Board of Pinellas County v. Noble, 372 So. 2d 1111 (Fla.1979); Phillips v. Santa Fe Community College, 342 So. 2d 108 (Fla. 1st DCA 1977). The motion to stay the proceedings is denied and the motion to dismiss the appeal is granted. APPEAL DISMISSED. CROSS and COBB, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hoy v. Florida, 439 U.S. 920 (U.S. 1978)
- Proffitt v. Florida, 439 U.S. 920 (U.S. 1978)
- Proffitt v. State, 360 So. 2d 771 (Fla. 1978)