DAVID DENNIS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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A petition for writ of habeas corpus cannot be used to raise issues that were or could have been raised on direct appeal or in prior post-conviction proceedings.
Dennis filed an emergency petition for writ of habeas corpus. He sought to raise issues that were already addressed or could have been raised in his d…
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Dennis has filed an emergency petition for writ of habeas corpus in this court. He seeks to raise issues which were or could have been raised in connection with his direct appeal and which therefore cannot be raised in a habeas corpus petition. See Teffeteller v. Dugger, 734 So. 2d 1009 (Fla.1999); Soirelus v. State, 751 So. 2d 776 (Fla. 5th DCA 2000). Further, some issues were raised in his prior four post-conviction proceedings.1 It is successive and improper to raise these issues again in a habeas corpus petition. See Johnson v. Singletary, 695 So. 2d 263 (Fla.1996).
Accordingly, we denied the petition. We also caution Dennis from filing further collateral proceedings seeking to challenge his convictions and sentences in this criminal case, which are successive and frivolous.2
Petition for Writ of Habeas Corpus DENIED.
THOMPSON, C.J., and PETERSON, J., concur. . See Dennis v. State, 656 So. 2d 1294 (Fla. 5th DCA 1995); Dennis v. State, 681 So. 2d 1154 (Fla. 5th DCA 1996); Dennis v. State, 703 So. 2d 486 (Fla. 5th DCA 1997); Dennis v. State, No. 96-3167 (Fla. 5th DCA Dec. 16, 1996).
. See Edwards v. State, 760 So. 2d 226 (Fla. 5th DCA 2000); Lau v. State, 717 So. 2d 574 (Fla. 5th DCA), rev. dismissed, 727 So. 2d 907 (Fla.1998).
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Collins v. State, 859 So. 2d 1244 (Fla. 5th DCA 2003)…in a rule 3.850 motion. Hunter v. State, 817 So. 2d 786 (Fla.2002); Hildwin v. Dugger, 654 So. 2d 107 (Fla.), cert. denied, 516 U.S. 965, 116 S.Ct. 420, 133 L.Ed.2d 337 (1995); Breedlove; Suarez v. Dugger, 527 So. 2d 190 (Fla.1988); Dennis v. State, 769 So. 2d 511 (Fla. 5th DCA 2000); Pinder v. State, 779 So. 2d 309 (Fla. 2d DCA 1999), review denied, 762 So. 2d 917 (Fla.2000). [*1247] Moreover, a petition for writ of habeas corpus may not be used to circumvent the time limitations for filing an appropriate mo…
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Harold R. Sheriff v. Moore, 781 So. 2d 1146 (Fla. 1st DCA 2001)…y denied the petition for lack of jurisdiction. In any event, the appellant’s petition for writ of habeas corpus should have been denied. The issues raised in the petition could have and should have been made on direct appeal. See Dennis v. State, 769 So. 2d 511(Fla. 5th DCA 2000); Hendrix v. Pingree, 381 So. 2d 334 (Fla. 1st DCA 1980). Furthermore, the appellant raises arguments on events occurring before entry of his plea. Therefore, the appellant is precluded from raising these arguments in a petition fo…
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Dennis v. State, 826 So. 2d 1100 (Fla. 5th DCA 2002)…PER CURIAM. The defendant, Davis Dennis’, pro se petition for writ of mandamus is denied. Dennis has previously been warned against filing any further pro se pleadings in this case. See Dennis v. State, 769 So. 2d 511 (Fla. 5th DCA 2000). Therefore, Dennis is prohibited from filing any additional appeals, pleadings, motions or petitions pertaining to his convictions and sentences from the Ninth Circuit Court case 93-10251 unless reviewed and signed by an attorney…
Authorities Cited
- Teffeteller v. Dugger, 734 So. 2d 1009 (Fla. 1999)
- Johnson v. Singletary, 695 So. 2d 263 (Fla. 1996)
- Alfonzo Edwards v. State, 760 So. 2d 226 (Fla. 5th DCA 2000)
- E.C.H. v. State, 751 So. 2d 776 (Fla. 5th DCA 2000)
- Noelvil Soirelus v. State, 751 So. 2d 776 (Fla. 5th DCA 2000)
- Elliott O. Mack v. State, 717 So. 2d 574 (Fla. 5th DCA 1998)
- LAU v. State, 717 So. 2d 574 (Fla. 5th DCA 1998)