Morris v. State

On Motion for Rehearing

We previously denied petitioner’s successive petition alleging ineffective assistance of appellate counsel (IAAC) by order citing Francois v. Wainwright, 470 So.2d 685, 686 (Fla.1985), and Xiques v. Dugger, 571 So.2d 3, 4 (Fla. 2d DCA 1990). Petitioner moves for rehearing, arguing that he was entitled to file a successive petition pursuant to Florida Rule of Appellate Procedure 9.141(d)(6)(C) which provides:

The court may dismiss a second or successive petition if it does not allege new grounds and the prior determination was on the merits, or if a failure to assert the…