MATHES

v.

COMMISSIONER OF INTERNAL REVENUE

Citator

Cited By (20 total)

• Kennedy v. State, 547 So. 2d 912 (Fla. 1989)
  …er had been raised or could have been raised on direct appeal. As such, these matters are procedurally barred and cannot be relit-igated by motion for postconviction relief under rule 3.850. Maxwell v. Wainwright, 490 So. 2d 927 (Fla.) cert. denied, 479 U.S. 972, 107 S.Ct. 474, 93 L.Ed.2d 418 (1986). The trial court’s summary denial of this portion of the motion as procedurally barred was proper. Kennedy’s remaining claims concern his alleged ineffective assistance of trial counsel. He argues that his trial…
• Krishna Maharaj v. State, 684 So. 2d 726 (Fla. 1996)
  …al and, consequently, cannot be relitigated in a postconviction relief proceeding. Johnson v. State, 593 So. 2d 206 (Fla.), cert. denied, 506 U.S. 839, 113 S.Ct. 119, 121 L.Ed.2d 75 (1992); Maxwell v. Wainwright, 490 So. 2d 927 (Fla.), cert. denied, 479 U.S. 972, 107 S.Ct. 474, 93 L.Ed.2d 418 (1986). It is inappropriate to use a collateral attack to relitigate an issue previously raised on appeal. Medina v. State, 573 So. 2d 293 (Fla.1990). On the other hand, our review of Maharaj’s motion reflects that an…
• Kennedy Eberhardt v. State, 550 So. 2d 102 (Fla. 1st DCA 1989)
  …cord that the venire actually saw the prison clothes and that the viewing was more than incidental and resulted in prejudicial identification. The state cites, in support of this contention, Maxwell v. Wainwright, 490 So. 2d 927 (Fla.), cert. denied 479 U.S. 972, 107 S.Ct. 474, 93 L.Ed.2d 418 (1986); Elledge v. State, 408 So. 2d 1021 (Fla.1981), cert. denied 459 U.S. 981, 103 S.Ct. 316, 74 L.Ed.2d 293 (1982), reh’g denied 459 U.S. 1137, 103 S.Ct. 771, 74 L.Ed.2d 984 (1983); and Gates v. Zant, 863 F. 2d 1492…