FLEMING

v.

MOORE

Citator

Cited By (26 total)

• Kennedy v. State, 547 So. 2d 912 (Fla. 1989)
  …of a petition for writ of certiorari in the United States Supreme Court, which granted the stay. Kennedy’s petition for writ of certiorari in the United States Supreme Court was filed on June 11, 1986. The petition was denied. Kennedy v. Wainwright, 479 U.S. 890, 107 S.Ct. 291, 93 L.Ed.2d 265 (1986). On January 2, 1987, Kennedy filed a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850 in the circuit court to vacate the judgment and sentence. Kennedy’s motion was summaril…
• Kight v. Dugger, 574 So. 2d 1066 (Fla. 1990)
  …ver they wished rendered his sentence arbitrary and capricious. Kight, 512 So. 2d at 931-32. Habeas corpus is not a vehicle to relitigate issues that have been determined in a prior appeal. Kennedy v. Wainwright, 483 So. 2d 424 (Fla.), cert. denied, 479 U.S. 890, 107 S.Ct. 291, 93 L.Ed.2d 265 (1986). We need not revisit this claim because Right has shown no fundamental constitutional infirmity entitling him to relief. Eutzy, 541 So. 2d at 1149; Kennedy, 483 So. 2d at 426. Right’s fourth claim is that the j…
• Eutzy v. State, 541 So. 2d 1143 (Fla. 1989)
  …tive effect, because he challenged this aggravating factor on direct appeal and in the prior rule 3.850 motion, he is entitled to reconsideration of his original challenge. As noted in Kennedy v. Wainwright, 483 So. 2d 424, 426 (Fla.), cert. denied, 479 U.S. 890, 107 S.Ct. 291, 93 L.Ed.2d 265 (1986), “[i]t is only in the case of error that prejudicially denies fundamental constitutional rights that this Court will revisit a matter previously settled by the affirmance of a conviction or sentence.” Eutzy has…