LIVINGSTON MASON, APPELLANT,
v.
STATE OF FLORIDA, ET AL., APPELLEE
THOMPSON, Judge.
Livingston Mason appeals the denial of his petition for writ of habeas corpus. This petition is successive; Mason having filed the same petition in the Second Judicial Circuit. That writ was denied on its merits on 20 September 1991. Mason never appealed the disposition of that case. Instead, he filed this current petition for writ of habeas corpus in Sumter County, in the Fifth Judicial Circuit, in October 1991. Because this is a successive petition which raises grounds that were previously raised and disposed of, the ruling of the trial court is affirmed. See Francois v. Wainwright, 470 So. 2d 685 (Fla.1985); State v. Dearing, 513 So. 2d 232 (Fla. 3d DCA 1987); Johnson v. State, 390 So. 2d 1234 (Fla. 5th DCA 1980).
AFFIRMED.
HARRIS, C.J., and GRIFFIN, J., concur.
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Isley v. State, 652 So. 2d 409 (Fla. 5th DCA 1995)…hey too would be barred. Jones v. State, 591 So. 2d 911 (Fla.1991); Adams v. State, 484 So. 2d 1216 (Fla.1986); Stewart v. State, 632 So. 2d 59 (Fla.1986). This bar to successive claims applies equally to petitions for habeas corpus. Mason v. State, 627 So. 2d 1352 (Fla. 5th DCA 1993). Isley’s claims in this proceeding are untimely and successive, and, taken in the context of his prior appeals to this court, they constitute an abuse of process. Accordingly, in order to protect the limited judicial resources a…
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Rooney v. State, 699 So. 2d 1027 (Fla. 5th DCA 1997)…So. 2d 1216 (Fla.), cert. denied, 475 U.S. 1103, 106 S.Ct. 1506, 89 L.Ed.2d 906 (1986). This bar of successive and repetitive claims applies equally to habeas corpus petitions. See Isley v. State, 652 So. 2d 409 (Fla. 5th DCA 1995); Mason v. State, 627 So. 2d 1352 (Fla. 5th DCA 1993); Dyer v. State, 655 So. 2d 123 (Fla. 5th DCA 1995). In O’Brien v. State, 689 So. 2d 336 (Fla. 5th DCA 1997), we recently stated: We direct post-conviction litigants to the Criminal Appeal Reform Act of 1996, Chapter 96-248. Thi…
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Green v. State, 727 So. 2d 349 (Fla. 5th DCA 1999)…y v. State, 652 So. 2d 409 (Fla. 5th DCA 1995). Green has far exceeded this time limit, and even if timely, the petition is successive. Mills v. Dugger, 574 So. 2d 63 (Fla.1990); Johnson v. State, 680 So. 2d 1101 (Fla. 5th DCA 1996); Mason v. State, 627 So. 2d 1352 (Fla. 5th DCA 1993). Rule 3.850 recognizes three exceptions to the time limit — a sentence that exceeds the limits provided by law, where the facts on which the claim is predicated were unknown and could not have been ascertained by the exercise of…
Authorities Cited
- Francois v. Louie L. Wainwright, 470 So. 2d 685 (Fla. 1985)
- Hampesle Lee Johnson, Sr. v. State, 390 So. 2d 1234 (Fla. 5th DCA 1980)
- State v. Dearing, 513 So. 2d 232 (Fla. 3d DCA 1987)