Opinion
Case No. SC06-1759.
October 13, 2006.
Lower Tribunal No. 2D06-3037.
To the extent that petitioner is seeking reinstatement of his "petition for writ of habeas corpus (rule of lenity)" in the Second District Court of Appeal (Case No. 2D06-3037), the petition for writ of mandamus is denied because petitioner has failed to demonstrate a clear legal right to the relief requested. See Huffman v. State, 813 So. 2d 10, 11 (Fla. 2000) (holding that in order to be entitled to a writ of mandamus, the petitioner must show that he has a clear legal right to performance of the requested act, that the respondent has an indisputable legal duty to perform that act, and that no other adequate remedy exists).
To the extent that the petitioner is seeking habeas corpus relief, the petition is hereby denied as successive. See Jenkins v. Wainwright, 322 So. 2d 477, 478 (Fla. 1975) (declaring that once a petitioner seeks relief in a particular court by means of a petition for extraordinary writ, he has picked his forum and is not entitled to a second or third opportunity for the same relief by the same writ in a different court).
WELLS, ANSTEAD, QUINCE, CANTERO and BELL, JJ., concur.