ERLING KNUD OVE HANSEN, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Legal Sufficiency Of Motion cases and more on FLexlaw
MILLS, Judge.
In February 1970, Hansen pled guilty to second degree murder and was sentenced to 75 years imprisonment. More than 12 years later, Hansen filed a motion for post-conviction relief alleging ineffective assistance of counsel. The trial court denied the motion on the ground that it affirmatively appeared from the motion that it was legally insufficient to justify relief.
Although we do not agree with the trial court’s ruling, this motion should have been dismissed because in June 1970 Hansen filed a motion for post-cónviction relief, alleging the same or similar ground as that alleged in the motion under consideration, which the trial court denied and upon appeal to this Court was affirmed. Hansen v. State, 247 So. 2d 18 (Fla. 1st DCA 1971). Hansen is not entitled to file a second post-conviction motion alleging the same ground as the previously disposed of motion. Williams v. State, 392 So. 2d 323 (Fla. 1st DCA 1981).
AFFIRMED.
ERVIN and WIGGINTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (24 total)
-
Fla. Hosp. Waterman, Inc. v. Buster, 984 So. 2d 478 (Fla. 2008)…statutory privilege upon which they relied and that in order to be vested, “a right must be more than a mere expectation based on an anticipation of the continuance of an existing law.” Majority op. at 490 (quoting Div. of Workers’ Comp. v. Brevda, 420 So. 2d 887, 891 (Fla. 1st DCA 1982)). According to the majority, when a statutory privilege is repealed, then all communication made during the period when the privilege did exist are unclothed of their privilege. However, the majority provides no authority fr…1 / 2
-
Clausell v. Hobart Corp., 515 So. 2d 1275 (Fla. 1987)…ght must be more than a mere expectation based on an anticipation of the continuance of an existing law; it must have become a title, legal or equitable, to the present or future enforcement of a demand.” Division of Workers’ Compensation v. Brevda, 420 So. 2d 887, 891 (Fla. 1st DCA 1982) (emphasis added). The Plaintiff in the instant case had no vested contract or property right prior to the Pullum decision; instead Plaintiff was merely pursuing a common law tort theory to recover damages. 631 F.Supp. at 11…
-
Campus Commc'ns, Inc. v. Earnhardt, 821 So. 2d 388 (Fla. 5th DCA 2002)…mere expectation based on an anticipation of the continuance of an existing law; it must have become a title, legal or equitable, to the present or future enforcement of a demand, ....’” Division of Workers’ Comp., Bureau of Crimes Comp. v. Brevda, 420 So. 2d 887, 891 (Fla. 1st DCA 1982) (emphasis supplied) (quoting Aetna Ins. Co. v. Richardelle, 528 S.W. 2d 280, 284 (Tex.Civ.App.1975)); see also Lamb v. Volkswagenwerk Aktiengesellschaft, 631 F.Supp. 1144, 1149 (S.D.Fla.1986); Clausell v. Hobart Corp., 515 S…
Previewing 3 of 24 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Williams v. State, 392 So. 2d 323 (Fla. 1st DCA 1980)
- State v. Manfred H. Liefert, 247 So. 2d 18 (Fla. 2d DCA 1971)
- Erling Knud Ove Hansen, Jr. v. State, 247 So. 2d 18 (Fla. 1st DCA 1971)