KEVIN GAITER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the appellant's claims were procedurally barred due to prior litigation and appeals.
The appellant sought postconviction relief via habeas corpus, raising issues regarding speedy trial rights and evidence admission at his original tria…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
Kevin Gaiter appeals an order by the trial court denying his petition for writ of habeas corpus, seeking postconviction relief. We affirm.
As defendant-appellant Gaiter’s first point, he argues that he was entitled to discharge under the speedy trial rule and that the trial court erroneously denied his motion for discharge. This issue was raised by petition for writ of prohibition, filed by defendant’s counsel at the time the motion for discharge was denied in 1993. This court denied the petition by unpublished order. See Gaiter v. Genden, 620 So. 2d 770 (Fla. 3d DCA 1993). Under this court’s precedent, the denial of the petition constituted a ruling on the merits. See Obanion v. State, 496 So. 2d 977 (Fla. 3d DCA 1986).* Defendant subsequently filed a postconviction petition for habeas corpus in this court raising this issue, which was also denied. See Gaiter v. Singletary, 675 So. 2d 134 (Fla. 3d DCA 1996). The claim is therefore procedurally barred. “Habeas corpus is not to be used for additional appeals of issues that could have been, should have been, or were raised on appeal or in other postconviction motions.” Mills v. Dugger, 559 So. 2d 578, 579 (Fla. 1990).
Defendant’s second issue challenges the admission of certain evidence at trial. The substance of this claim has been the subject of a previous postconviction motion, which was denied by the trial court and affirmed without opinion by this court. See Gaiter v. State, 702 So. 2d 502 (Fla. 3d DCA 1997). This claim, too, is impermissi-bly successive.
Affirmed.
*
In denying the petition, this court necessarily accepted the State's interpretation of the trial court order staying proceedings, which explicitly addressed the speedy trial rule and had the effect of extending the speedy trial period.
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McKIRE v. Moore, 826 So. 2d 1023 (Fla. 3d DCA 2001)…raised on direct appeal. See Byrd v. State, 597 So. 2d 252 (Fla.1992); see also Fla. R.Crim. P. 3.850(f). Indeed, these very issues have been addressed on the merits in multiple previous proceedings and are procedurally barred. See Gaiter v. State, 737 So. 2d 565 (Fla. 3d DCA 1999). Furthermore, in view of the appellant’s abuse of procedure in this case, we direct the clerk of this court to reject any further appeals, petitions, or motions from Gerald M. McKire regarding the conviction and sentences impose…
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Gaiter v. State, 875 So. 2d 668 (Fla. 3d DCA 2004)…PER CURIAM. Affirmed. Gaiter v. State, 737 So. 2d 565 (Fla. 3d DCA 1999); Fla. R.Crim. P. 3.850(b), (f).…
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Gaiter v. State, 16 So. 3d 989 (Fla. 3d DCA 2009)…PER CURIAM. This is an appeal of an order denying a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We affirm the denial of relief on authority of Gaiter v. State, 737 So. 2d 565 (Fla. 3d DCA 1999). As the appellant has filed multiple postconviction motions, and as the current postconviction motion seeks to re-litigate the exact claim which was decided adversely to this appellant in Gaiter, we affirm the order barring the ap…
Authorities Cited
- Mills v. Dugger, 559 So. 2d 578 (Fla. 1990)
- Bertrand Obanion v. State, 496 So. 2d 977 (Fla. 3d DCA 1986)