Opinion
CASE NO.: SC13-2433 Lower Tribunal No.: 05-1999-CF-029181 Lower Tribunal No.: 5D00-2970
04-22-2014
MICHAEL C. DONOVAN Petitioner(s) v. MICHAEL D. CREWS, ETC. Respondent(s)
The petitioner has filed a petition for writ of habeas corpus. To the extent that the petitioner challenges his convictions and sentences under case numbers 94-19184 and 99-29181, the petition for writ of habeas corpus is hereby denied as procedurally barred. A petition for extraordinary relief is not a second appeal and cannot be used to litigate or relitigate issues that were or could have been raised on direct appeal or in prior postconviction proceedings. See Denson v. State, 775 So. 2d 288, 290 (Fla. 2000); Breedlove v. Singletary, 595 So. 2d 8, 10 (Fla. 1992). To the extent that the petitioner challenges his violation of probation in case number 94-19184, the petition is dismissed pursuant to Pettway v. State, 776 So. 2d 930 (Fla. 2000) (stating that this Court "will generally not consider the repetitive petitions of persons who have abused the judicial processes of the lower courts such that they have been barred from filing certain actions there"). To the extent that the petitioner challenges the pro se barring orders in case numbers 94-19184 and 99-19181, and 5D03-3343, the petition is denied. Any motions or other requests for relief are also denied. LEWIS, QUINCE, CANADY, LABARGA, and PERRY, JJ., concur. A True Copy
Test:
______________________
John A. Tomasino
Clerk, Supreme Court
kb
Served:
JENNIFER ALANI PARKER
MICHAEL C. DONOVAN
HON. PAMELA JO BONDI
HON. SCOTT ELLIS, CLERK
HON. PAMELA R. MASTERS, CLERK