Poff v. State

Defendant petitions this Court for a writ of habeas corpus requesting relief from this Court’s prior affirmance of a trial court order denying his request for post-conviction relief alleging newly discovered evidence. Poff v. State, 20 So.3d 858 (Fla. 3d DCA 2009). We deny the petition on both procedural and substantive grounds.

First, Poffs present petition is successive. Poff raised the identical issue in a prior post-conviction relief claim, which this Court affirmed without opinion.1 A successive habeas petition that raises the same issue is procedurally barred. See Phillips v. State, 894…