ROBERT HILL, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 5th DCA | 1998-12-18
No. 98-3018
GRIFFIN, CJ., and COBB, J., concur.
724 So. 2d 610 Florida District Court of Appeal, Fifth District (1998) Positive Treatment
Cited by 2 cases
Topics
Successive Petitions Belated Appeal Ineffective Assistance Of Appellate Counsel Laches

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Opinion of the Court
W. SHARP, Judge.

W. SHARP, Judge.

Hill petitions for a writ of habeas corpus for belated appeal, alleging ineffective assistance of appellate counsel. First, the petition is untimely and barred by laches. Hill’s direct appeal to this court in 1991 became final on June 19, 1992, after this court issued its mandate. Hill v. State, 599 So. 2d 1296 (Fla. 5th DCA 1992). This petition was filed in this court November 6, 1998, more than six years after his conviction became final. Thus, pursuant to McCray v. State, 699 So. 2d 1366 (Fla.1997), the petition is barred by laches.

Second, the petition is proeedurally barred because it is successive. Hill previously attempted to obtain habeas relief in this court but was unsuccessful. Hill v. State, No. 95-3106 (Fla. 5th DCA Dec. 20, 1995).

Accordingly the Petition for Writ of Habe-as Corpus for belated appeal is DENIED.

GRIFFIN, CJ., and COBB, J., concur.

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  • Olmstead v. Fed. Trade Comm'n, 44 So. 3d 76 (Fla. 2010)
    …rship”). In the context of partnership interests, Florida courts have also determined that a charging order is the exclusive remedy for judgment creditors based on the straightforward language of the statute. See Givens v. Nat’l Loan Investors L.P., 724 So. 2d 610, 612 (Fla. 5th DCA 1998) (holding that charging order is the exclusive remedy for a judgment creditor of a partner); Myrick v. Second Nat’l Bank of Clearwater, 335 So. 2d 343, 345 (Fla. 2d DCA 1976) (substantially similar). The Florida LLC Act has n…
  • Johnson v. State, 866 So. 2d 143 (Fla. 1st DCA 2004)
    …PER CURIAM. DENIED. The petition for belated appeal is without merit and is procedurally barred because it is successive. See Hill v. State, 724 So. 2d 610 (Fla. 5th DCA 1998). Accordingly, the petition is denied. ERVIN, BARFIELD and POLSTON, JJ., concur.…

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