BEAUFORD WHITE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court correctly denied relief and a stay of execution because the appellant was procedurally barred by the rules of criminal procedure.
The appellant, White, sought post-conviction relief and a stay of execution after a prior petition was denied. The trial court denied the petition and…
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SHAW, Justice.
The Governor has signed a death warrant for White. We denied a petition for relief on 20 August 1987. White v. Dugger, 511 So. 2d 554 (Fla.1987). The basis for our denial of the petition was that White was procedurally barred from further post-conviction relief by Florida Rules of Criminal Procedure 3.850 and 3.851 and that no exception to these rules had been shown. Despite our holding, White petitioned the trial court for relief under rule 3.850and a stay of execution. The trial court denied relief and the stay of execution, finding relief was barred by rules 3.850 and 3.851. White now appeals that denial. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. We point out again to the office of collateral counsel that failure to follow rules
3.850and 3.851 procedurally bars relief. The fact that we are dealing with a death sentence does not excuse appellant’s failure to abide by the Florida Rules of Criminal Procedure.
We affirm the trial court’s denial of relief and stay of execution. No petition for rehearing will be entertained.
It is so ordered.
McDonald, C.J., and OVERTON, EHRLICH and GRIMES, JJ., concur. BARKETT and KOGAN, JJ., concur in result only.
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Johnson v. State, 536 So. 2d 1009 (Fla. 1988)…motion in accordance with this rule. This Court has previously applied the two-year limit in rejecting postconviction petitions in several cases. Demps v. State, 515 So. 2d 196 (Fla.1987); Delap v. State, 513 So. 2d 1050 (Fla.1987); White v. State, 511 So. 2d 984 (Fla.1987). Johnson’s suggestion that the rule is somehow ambiguous is utterly without merit. We also reject his contention that his claims fall within one of the two exceptions to the application of the time limit. The evidence upon which Johnson…
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Ketion v. State, 548 So. 2d 778 (Fla. 1st DCA 1989)…ation and arguments that must be provided to the trial court, see also Fla.R.Crim.P. 3.987 (model form for Rule 3.850 motions). Failure to comply with the requirements of the rule may result in denial of relief on procedural grounds, White v. State, 511 So. 2d 984 (Fla.1987); Rowe v. State, 474 So. 2d 898 (Fla. 1st DCA 1985). Of course, many of these procedural requirements are not applicable to other collateral proceedings such as petitions for writ of habeas corpus. . The court is aware that habeas corpus…
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Amos v. State, 512 So. 2d 1123 (Fla. 3d DCA 1987)…PER CURIAM. Affirmed. See White v. State, 511 So. 2d 984 (Fla.1987); Rule 3.850 Fla.R.Crim.P.…
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- Beauford White v. Dugger, 511 So. 2d 554 (Fla. 1987)