Stanley Merriweather v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJune 3, 2020
Docket1D19-3947
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D19-3947
_____________________________
STANLEY MERRIWEATHER,
Petitioner,
v.
STATE OF FLORIDA,
Respondent.
_____________________________
Petition for Writ of Habeas Corpus—Original Jurisdiction.
June 3, 2020
PER CURIAM.
This Court dismissed Petitioner’s previous petition for writ of
habeas corpus in case 1D19-2253 as procedurally barred. See
Baker v. State, 878 So. 2d 1236 (Fla. 2004) (finding that a petition
for writ of habeas corpus cannot be used to litigate issues that
could have been or were raised in direct appeal or in postconviction
proceedings). Because the instant petition for writ of habeas
corpus raises the same issues that were raised in the previous case,
this petition is dismissed as successive. Johnson v. Singletary, 647
So. 2d 106, 109 (Fla. 1994) (“Successive habeas petitions seeking
the same relief are not permitted . . . .”).
Petitioner is warned that any future filings that this Court
determines to be frivolous may result in the imposition of
sanctions, including a prohibition against any further pro se filings
in this Court and a referral to the appropriate institution for
disciplinary procedures as provided in section 944.279, Florida
Statutes (2019) (providing that a prisoner who is found by a court
to have brought a frivolous or malicious suit, action, claim,
proceeding, or appeal is subject to disciplinary procedures
pursuant to the rules of the Department of Corrections).
LEWIS, ROWE, and JAY, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Stanley Merriweather, pro se, Petitioner.
Ashley Moody, Attorney General, Tallahassee, for Respondent.
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