Excellus O. Hyland v. Mark S. Inch, Secretary, Department of Corrections
CourtDistrict Court of Appeal of Florida
Date FiledMarch 11, 2020
Docket1D18-4739
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D18-4739
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EXCELLUS O. HYLAND,
Appellant,
v.
MARK S. INCH, Secretary,
Department of Corrections,
Appellee.
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On appeal from the Circuit Court for Walton County.
Jeffrey E. Lewis, Judge.
March 11, 2020
PER CURIAM.
Excellus Hyland petitioned the lower court for a writ of habeas
corpus challenging his imprisonment. He now appeals the lower
court’s denial of his petition. We affirm.
Mr. Hyland argues that he is entitled to a writ of habeas
corpus because his sentence has already been completed and that
later amendments to the sentence entered by the trial court are
“void and patently illegal.” We note that Mr. Hyland has raised
identical claims in a prior petition for writ of habeas corpus, and
this Court previously addressed and rejected the arguments. See
Hyland v. State 179 So. 3d 501, 502 (Fla. 1st DCA 2015) (Hyland
I). Because Mr. Hyland’s arguments have been previously
adjudicated in this Court, they are precluded from being
reconsidered here, absent exceptional circumstances. See Fla.
Dep't of Transp. v. Juliano, 801 So. 2d 101, 105-06 (Fla. 2001);
Greene v. Massey, 384 So. 2d 24, 28 (Fla. 1980) (“All points of law
which have been adjudicated become the law of the case and are,
except in exceptional circumstances, no longer open for discussion
or consideration in subsequent proceedings in the case.”); James v.
State, 275 So. 3d 251, 252 (Fla. 1st DCA 2019) (“The claim raised
in the current motion is procedurally barred because James
unsuccessfully raised the same claim—and variations of it—on
direct appeal and in three prior rule 3.800(a) cases that were
affirmed on appeal.”).
It is not clear why Mr. Hyland’s petition was not deemed
precluded and dismissed below. That said, the lower court’s
conclusions that he is legally in custody pursuant to the underlying
sentence and that his challenges to the sentencing amendments
were improperly brought outside the sentencing court are
consistent with Hyland I. Therefore, we affirm. Additionally, as
the current appeal re-raises identical arguments to those
addressed in Hyland I, it is frivolous. See id. Mr. Hyland is warned
that further frivolous filings in this Court may result in the
imposition of sanctions, including the possibility of prohibition on
pro se filing.
AFFIRMED.
LEWIS, BILBREY, and M.K. THOMAS, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Excellus O. Hyland, pro se, Appellant.
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Kenneth S. Steely, General Counsel, and Daniel R. Burke,
Assistant General Counsel, Department of Corrections,
Tallahassee, for Appellee.
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