PROVENZANO

v.

MOORE, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS

Citator

Cited By

• Loran Cole v. State, 841 So. 2d 409 (Fla. 2003)
  …ature under Florida Rules of Criminal Procedure 3.811 and 3.812. Cole asserts that he makes this argument to preserve his ability to pursue a similar claim in the federal system under In re Provenzano, 215 F. 3d 1233, 1235 (11th Cir.), cert. denied, 530 U.S. 1256, 120 S.Ct. 2710, 147 L.Ed.2d 979 (2000). We agree with Cole’s concession that this issue is not yet ripe, and we therefore find it to be without merit. See Brown v. Moore, 800 So. 2d 223, 224 (Fla. 2001); Mann v. Moore, 794 So. 2d 595, 602 (Fla.2001…
• Brown v. Moore, 800 So. 2d 223 (Fla. 2001)
  …under Florida Rule of Criminal Procedure 3.811. However, Brown asserts that he makes the argument to preserve his ability to pursue a similar claim in the federal system on account of In re Provenzano, 215 F. 3d 1233, 1235 (11th Cir.), cert. denied, 530 U.S. 1256, 120 S.Ct. 2710, 147 L.Ed.2d 979 (2000). We agree with his concession that this issue is not yet ripe, and we therefore find it to be without merit. See Hall v. Moore, 792 So. 2d 447, 450 (Fla.2001); Mann v. Moore, 794 So. 2d 595, 600 (Fla.2001). B…
• Rutherford v. Crosby, 438 F.3d 1087 (11th Cir. 2006)
  …this Court for permission to file a successive habeas petition. We further note that such an application to file a successive habeas petition would be denied in any event. See In re Provenzano, 215 F. 3d 1233, 1235-36 (11th Cir.2000), cert. denied, 530 U.S. 1256, 120 S.Ct. 2710, 147 L.Ed.2d 979 (2000) (concluding that a claim that lethal injection constitutes cruel and unusual punishment does not meet the requirements of 28 U.S.C. § 2244(b)(2)(A) or (B)). Id. at 1284 (remaining internal cites omitted).…