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Swain v. State

District Court of Appeal of Florida, Third District
Aug 12, 2008
985 So. 2d 1127 (Fla. Dist. Ct. App. 2008)

Opinion

No. 3D08-856.

June 4, 2008. Rehearing and Rehearing En Banc Denied August 12, 2008.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, John C. Schlesinger, Judge.

Michael Swain, in proper person.

Bill McCollum, Attorney General, for appellee.

Before RAMIREZ, SHEPHERD, and ROTHENBERG, JJ.


Affirmed. The defendant previously raised this issue on appeal. See Swain v. State, 911 So.2d 140 (Fla. 3d DCA 2005) (while successive Florida Rule of Criminal Procedure 3.800(a) motions are permitted even though the claims could have been raised in previously filed Rule 3.800(a) motions, and there is no time limit for seeking such relief, the law of the case doctrine prevents a litigant from relitigating the same issues previously considered and rejected on the merits and reviewed on appeal).


Summaries of

Swain v. State

District Court of Appeal of Florida, Third District
Aug 12, 2008
985 So. 2d 1127 (Fla. Dist. Ct. App. 2008)
Case details for

Swain v. State

Case Details

Full title:Michael SWAIN, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Aug 12, 2008

Citations

985 So. 2d 1127 (Fla. Dist. Ct. App. 2008)