Opinion
CASE NO.: SC13-359 Lower Tribunal No.: 5D12-3943 Lower Tribunal No.: 42-2008-CF-004199-A
07-09-2013
SYLVESTER L. JAMES Petitioner(s) v. MICHAEL D. CREWS, ETC. Respondent(s)
Petitioner has filed a petition for writ of habeas corpus. To the extent petitioner seeks habeas corpus relief based on an allegation of ineffective assistance of appellate counsel, the petition is hereby denied as successive. See Jenkins v. Wainwright, 322 So. 2d 477, 478 (Fla. 1975) (declaring that once a petitioner seeks relief in a particular court by means of a petition for extraordinary writ, he has picked his forum and is not entitled to a second or third opportunity for the same relief by the same writ in a different court). To the extent petitioner seeks other relief, the petition is hereby dismissed without prejudice to petitioner to file for relief in the appropriate court. PARIENTE, LEWIS, QUINCE, LABARGA, and PERRY, JJ., concur. A True Copy
Test:
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Thomas D. Hall
Clerk, Supreme Court
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Served:
HON. PAMELA R. MASTERS, CLERK
SYLVESTER L. JAMES
JENNIFER ALANI PARKER
HON. DAVID R. ELLSPERMANN, CLERK
HON. PAMELA JO BONDI