Legal Opinion

Van Poyck v. State

District Court of Appeal of Florida

Decided May 8, 2002No. 3D01-1863Published

1Per curiam

Defendant’s petition for writ of habeas corpus is barred as successive. See, e.g., Walker v. State, 814 So.2d 516 (Fla. 3d DCA 2002). “The defendant is abusing the judicial process by filing successive motions that attempt to litigate issues that were, could, or should have been raised either on direct appeal or in his previous motions.” Duncan v. State, 728 So.2d 1237 (Fla. 3d DCA 1999).

AFFIRMED.

2Cases cited2 opinions

  1. Duncan v. StateDistrict Court of Appeal of Florida · 1999
  2. Walker v. StateDistrict Court of Appeal of Florida · 2002