MERRIWEATHER v. STATE (2020)

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).

Per Curiam.

Lewis, Rowe, and Jay, JJ., concur.