WILLIE JASPER DARDEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the denial of post-conviction relief and denied the stay of execution.
The appellant, a state prisoner under sentence of death, appealed the denial of his motion for post-conviction relief. This was his third such motion.…
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PER CURIAM.
Willie Jasper Darden, a state prisoner under sentence of death for whom a fifth death warrant has been signed, appeals the-trial court’s denial of his Florida Rule of Criminal Procedure 3.850 motion for post conviction relief.* We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. We affirm the trial court’s order denying relief and deny the requested stay of execution.
Darden raises two claims in this petition. 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 penalty is imposed in Florida in a racially discriminatory manner. This claim could have been raised in Darden’s previous 3.850 motions and, therefore, he is procedurally barred from raising it now. Further, even were we to reach the merits, we have repeatedly rejected this contention. See, e.g., Stewart; Smith v. State, 457 So. 2d 1380 (Fla.1984); State v. Henry, 456 So. 2d 466 (Fla.1984).
Accordingly, the order appealed from is affirmed and the request for a stay of execution is denied. The motion for stay of execution and/or stay pending filing and disposition of petition for writ of certiorari is denied also.
It is so ordered.
MCDONALD, C.J., and ADKINS, BOYD, OVERTON, EHRLICH and SHAW, JJ., concur. BARKETT, J., concurs in result only.
*
This is Darden's third 3.850 motion. See Darden v. State, 475 So. 2d 217 (Fla.1985); Darden v. State, 372 So. 2d 437 (Fla.1979).
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Blaine Elkins v. State, 555 So. 2d 441 (Fla. 3d DCA 1990)…t motion should be denied, because it is a successive motion which raises claims that were obviously known to the defendant at the time his prior motion was filed, and were raised by the defendant in his prior motion and denied. See Darden v. State, 496 So. 2d 136 (Fla.1986); Christopher v. State, 489 So. 2d 22 (Fla.1986); Witt v. State, 465 So. 2d 510 (Fla.1985). 6. Finally, the Court finds that this successive motion should be denied on its merits. The defendant was charged with First Degree Murder and fac…
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La Marca v. State, 547 So. 2d 350 (Fla. 3d DCA 1989)…or post-conviction relief,1 the issues presented are proeedurally barred from consideration. See Kennedy v. State, 547 So. 2d 912 (Fla.1989); Aldridge v. State, 503 So. 2d 1257 (Fla.1987); Booker v. State, 503 So. 2d 888 (Fla.1987); Darden v. State, 496 So. 2d 136 (Fla.1986); Adams v. State, 484 So. 2d 1216 (Fla.1986); Archie v. State, 496 So. 2d 976 (Fla. 3d DCA 1986). However, the trial court erred in ruling that defendant may not file additional 3.850 motions.2 Aikens v. State, 488 So. 2d 543 (Fla. 1st DC…
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Darden v. State, 521 So. 2d 1103 (Fla. 1988)…a second 3.850 motion for post-conviction relief was affirmed by this Court in Darden v. State, 475 So. 2d 217 (Fla.1985). A second petition for writ of habeas corpus was denied in Darden v. Wainwright, 495 So. 2d 179 (Fla.1986). In Darden v. State, 496 So. 2d 136 (Fla.1986), this Court affirmed the denial of Darden’s third 3.850 motion for post-conviction relief. Darden raises two claims in his petition for writ of habeas corpus. Citing a litany of decisions interpreting section 921.-141(5)(h), Darden urges…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Smith v. State, 457 So. 2d 1380 (Fla. 1984)
- State v. Henry, 456 So. 2d 466 (Fla. 1984)
- Stewart v. State, 495 So. 2d 164 (Fla. 1986)
- Darden v. State, 475 So. 2d 217 (Fla. 1985)
- Darden v. State, 372 So. 2d 437 (Fla. 1979)