Florida District Courts of Appeal, 1998

Green v. Butterworth

Green v. Butterworth
Florida District Courts of Appeal · Decided March 4, 1998 · Gross, Owen, Polen, William
706 So. 2d 131; 1998 Fla. App. LEXIS 2161; 1998 WL 88379 (Southern Reporter, Second Series)

Green v. Butterworth

Opinion of the Court

PER CURIAM.

Petitioner’s second pro se petition for writ of habeas corpus on the grounds of ineffective assistance of appellate counsel is denied on the grounds of laches. This Court previously denied the original petition without prejudice to petitioner filing a renewed petition in accordance with McCray v. State, 699 So.2d 1366 (Fla. 1997). However, the renewed petition now filed falls short of the required statement under oath with specific factual basis that petitioner was affirmatively misled about the results of his appeal by counsel.

Therefore, this renewed petition is denied, with prejudice.

POLEN and GROSS, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.

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