TREMAINE JOHNSON
v.
STATE OF FLORIDA

Fla. 1st DCA | 2021-09-22
No. 21-0102
Parker
Florida District Court of Appeal, First District (2021)

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Holding

A postconviction claim raised and denied on direct appeal is barred by the law-of-the-case doctrine and may not be relitigated in a rule 3.850 motion.


Headnotes

[1] When a claim has been previously raised and denied on direct appeal, it is barred by the law-of-the-case doctrine and cannot be relitigated in a subsequent rule 3.850 pos…

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Facts & Procedural History

Tremaine Johnson filed a postconviction rule 3.850 motion raising a claim that had been previously presented and denied on his direct appeal.…

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Opinion of the Court

September 22, 2021 PER CURIAM.

We affirm the postconviction court’s order denying Appellant’s rule 3.850 motion. Appellant’s claim is barred by the law of the case doctrine as it was previously raised and denied on direct appeal. See Moore v. State, 768 So. 2d 1140 (Fla. 1st DCA 2000). The Court warns Appellant that any future filings that this Court determines to be frivolous may result in the imposition of sanctions, including a prohibition against any further pro se filings in this Court and a referral to the appropriate institution for disciplinary procedures. See § 944.279, Fla. Stat. (2021). B.L. THOMAS, WINOKUR, and JAY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ Tremaine Johnson, pro se, Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.


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