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Cruller v. Dixon

Supreme Court of Florida
Jul 17, 2023
No. SC2023-0578 (Fla. Jul. 17, 2023)

Opinion

SC2023-0578

07-17-2023

James Cruller, Petitioner(s) v. Ricky D. Dixon, etc. Respondent(s)


Lower Tribunal No(s).: 131996CF0277100001XX

Petitioner has filed a pro se "Petition to Declare Fla. Stat. §§ 775.084 &812.133(b) Unconstitutional," which the Court has treated as a petition for writ of habeas corpus. The petition 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). Any motions or other requests for relief are also denied. No rehearing will be entertained by this Court.

LABARGA, COURIEL, GROSSHANS, FRANCIS, and SASSO, JJ., concur.


Summaries of

Cruller v. Dixon

Supreme Court of Florida
Jul 17, 2023
No. SC2023-0578 (Fla. Jul. 17, 2023)
Case details for

Cruller v. Dixon

Case Details

Full title:James Cruller, Petitioner(s) v. Ricky D. Dixon, etc. Respondent(s)

Court:Supreme Court of Florida

Date published: Jul 17, 2023

Citations

No. SC2023-0578 (Fla. Jul. 17, 2023)