JAMES DYER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court held that successive petitions for writ of habeas corpus should be denied as an abuse of procedure.
Petitioner sought a writ of habeas corpus to obtain a belated appeal, alleging ineffective assistance of appellate counsel. He claimed counsel failed …
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W. SHARP, Judge.
Dyer has filed a petition for writ of habeas corpus to obtain a belated appeal, arguing ineffective assistance of appellate counsel. He is currently serving a ten year sentence, which was imposed on July 10, 1990. That case was appealed to this court, and his judgment and sentence were affirmed. Dyer v. State, 586 So. 2d 349 (Fla. 5th DCA 1991). He also filed a previous petition for writ of habeas corpus with this court, which was denied on January 3, 1992.
In this petition, Dyer claims appellate counsel should have argued the trial court erred by conducting an ex parte hearing on the state’s motion for extension of the speedy trial time, without petitioner or his counsel being present. He also alleged appellate counsel failed to argue the trial court erred in not specifying the exact duration of the speedy trial extension. Both of these issues were raised and argued in Dyer’s earlier petition for writ of habeas corpus.
Successive petitions for habeas corpus should be denied as an abuse of procedure. See Johnson v. Singletary, 647 So. 2d 106 (Fla.1994); Lambrix v. Singletary, 641 So. 2d 847 (Fla.1994). Accordingly, Dyer’s petition in this cause is denied.
Petition for Writ of Habeas Corpus DENIED.
GOSHORN and PETERSON, JJ., concur.
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Rooney v. State, 699 So. 2d 1027 (Fla. 5th DCA 1997)…6 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. This Act added section 924.051(9), Florida Statutes, w…
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Baird v. Baird, 696 So. 2d 844 (Fla. 2d DCA 1997)…instate the mortgage on the marital home. The accountant conceded that he could not trace specific shares through the various sales and transfers. The stock lost its separate character by such commingling and hypothecation. See Robinson v. Robinson, 655 So. 2d 123 (Fla. 3d DCA), review denied, 663 So. 2d 631 (Fla.1995); Adams v. Adams, 604 So. 2d 494 (Fla. 3d DCA 1992), review denied, 614 So. 2d 502 (Fla.1993). The 1984 final judgment awarded the former wife a 55 per cent interest in the marital home, but it…
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Lyons v. Lyons, 687 So. 2d 837 (Fla. 2d DCA 1996)…y of 1994, she had the certificate reissued in her name alone. The wife testified that she placed the husband’s name on the certificate solely for testamentary purposes with no intent of a gift. Her testimony is unrebutted. Cf. Robinson v. Robinson, 655 So. 2d 123 (Fla. 3d DCA) (funds treated as marital property because wife failed to rebut presumption that she made a gift to husband when her nonmarital funds were commingled in accounts with marital funds), review denied, 663 So. 2d 631 (Fla.1995). We hold th…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Johnson v. Singletary, 647 So. 2d 106 (Fla. 1994)
- Cary Michael Lambrix v. Singletary, 641 So. 2d 847 (Fla. 1994)
- Sigmon v. State, 641 So. 2d 847 (Fla. 1994)