DANIEL MORRIS THOMAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the appellant's current claims were procedurally barred as they should have been raised at trial, on appeal, or in prior collateral challenges. The trial court correctly denied the motion for post-conviction relief without an evidentiary hearing.
[1] Claims that were or could have been raised at trial or on direct appeal, or that were previously litigated on appeal or in prior collateral challenges, are procedurally b…
[2] A trial court may deny a motion for post-conviction relief without an evidentiary hearing if the record conclusively shows that the movant is not entitled to relief.
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Join FLexlaw to unlock all legal intelligenceDaniel Morris Thomas, convicted of first-degree murder and sentenced to death, sought post-conviction relief. This was his second petition for habeas …
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BOYD, Chief Justice.
This is an appeal from the order of the circuit court denying the motion of Daniel Morris Thomas for post-conviction relief under Florida Rule of Criminal Procedure 3.850. We affirm the order of the trial court.
Appellant was convicted of first-degree murder and other crimes and was sentenced to death. His convictions and sentence were affirmed on appeal. Thomas v. State, 374 So. 2d 508 (Fla.1979), cert. denied, 445 U.S. 972, 100 S.Ct. 1666, 64 L.Ed.2d 249 (1980). He later filed a motion to vacate and a petition for habeas corpus. This Court affirmed the denial of post-conviction relief and denied the habeas petition. Thomas v. State, 421 So. 2d 160 (Fla.1982). Thomas also sought a writ of habe-as corpus in United States District court. The court’s denial of relief was affirmed on appeal. Thomas v. Wainwright, 767 F. 2d 738 (11th Cir.1985), cert. denied, — U.S. -, 106 S.Ct 1241, 89 L.Ed.2d 349 (1986). Recently Thomas filed a second petition for habeas corpus with this Court. We denied the petition. Thomas v. Wainwright, 486 So. 2d 574 (Fla.1986).
All of the claims in appellant’s current motion are matters that should have been raised at trial and on appeal, that could have been raised on appeal but were not, that were presented on appeal and decided adversely to appellant’s position, that were raised and rejected in one of appellant’s previous collateral challenges, or that were inexcusably omitted from his previous rule 3.850 motion. See Adams v. State, 484 So. 2d 1216 (Fla.1986). We therefore find that the trial court was correct in denying the present motion without an evidentiary hearing. The record conclusively shows that appellant is not entitled to have the judgment or sentence vacated, set aside, or modified.
The order of the circuit court denying the motion for post-conviction relief is affirmed. The motion for stay of execution is denied.
No petition for rehearing will be permitted in this case. It is so ordered.
ADKINS, OVERTON, McDONALD and EHRLICH, JJ., concur. SHAW and BARKETT, JJ., dissent.
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Cridland v. State, 510 So. 2d 366 (Fla. 3d DCA 1987)…PER CURIAM. Affirmed. See Bundy v. State, 497 So. 2d 1209 (Fla.1986); James v. State, 489 So. 2d 737 (Fla.1986); Straight v. State, 488 So. 2d 530 (Fla.1986); Thomas v. State, 486 So. 2d 577 (Fla.1986); Quince v. State, 477 So. 2d 535 (Fla.1985); Middleton v. State, 465 So. 2d 1218 (Fla.1985).…
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Thomas v. Louie L. Wainwright, 788 F.2d 684 (11th Cir. 1986)…fore find that the trial court was correct in denying the present motion without an evidentiary hearing. The record conclusively shows that appellant is not entitled to have the judgment or sentence vacated, set aside, or modified. Thomas v. State, 486 So. 2d 577 (Fla.1986). Upon denial of relief by the Florida Supreme Court, Thomas filed his second federal habeas corpus petition in the federal district court at 5:23 p.m. on April 14. He raised seven issues, apparently the same ones alleged in the state cir…
Authorities Cited
- Thomas v. State, 374 So. 2d 508 (Fla. 1979)
- Thomas v. Louie L. Wainwright, 767 F.2d 738 (11th Cir. 1985)
- Missouri v. Wandix, 445 U.S. 972 (U.S. 1980)
- Ford v. Florida, 445 U.S. 972 (U.S. 1980)
- Thomas v. State, 421 So. 2d 160 (Fla. 1982)
- Adams v. State, 484 So. 2d 1216 (Fla. 1986)
- Thomas v. Louie L. Wainwright, 486 So. 2d 574 (Fla. 1986)