From Casetext: Smarter Legal Research

Curry v. McNeil

Supreme Court of Florida
Sep 17, 2009
19 So. 3d 310 (Fla. 2009)

Opinion

No. SC09-1278.

September 17, 2009.

Lower Tribunal No(s).: 3D07-22, 91-33233.


The petition for writ of habeas corpus is hereby dismissed. To the extent the petitioner seeks to compel the Third District Court of Appeal to enforce the mandate issued in Curry v. State, Case No. 3D07-22, the petition is moot. See Godwin v. State, 593 So. 2d 211, 212 (Fla. 1992) (stating "[a] case is `moot' when it presents no actual controversy or when the issues have ceased to exist"). To the extent the petitioner seeks relief based on an ineffective assistance of counsel claim, the petition is not authorized. See Baker v. State, 878 So. 2d 1236 (Fla. 2004).

PARIENTE, LEWIS, CANADY, LABARGA, and PERRY, JJ., concur.


Summaries of

Curry v. McNeil

Supreme Court of Florida
Sep 17, 2009
19 So. 3d 310 (Fla. 2009)
Case details for

Curry v. McNeil

Case Details

Full title:Curry v. McNeil

Court:Supreme Court of Florida

Date published: Sep 17, 2009

Citations

19 So. 3d 310 (Fla. 2009)