No. 23A943

Brian E. Conway v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Florida
Docketed: 2024-04-22
Status: Presumed Complete
Type: A
Tags: extraordinary-writ forum-selection habeas-corpus state-law successive-petition writ-of-relief
Latest Conference: N/A
Question Presented (AI Summary)

Whether a successive habeas corpus petition can be summarily denied under state law when the petitioner seeks relief in multiple courts

Question Presented (OCR Extract)

No question identified. : Supreme Court of Floriva TUESDAY, JANUARY 2, 2024 Brian E. Conway, SC2023-1208 Petitioner(s) Lower Tribunal No(s).: v. Ricky D. Dixon, etc., Respondent(s) The petition for writ of habeas corpus 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). No rehearing will be entertained by this Court. CANADY, COURIEL, GROSSHANS, FRANCIS, and SASSO, JuJ., concur. A True Copy Test: 205 208 1/2/2024 John A. Tomasino Clerk, Supretne Court SC2023-1208 1/2/2024 LC Served: WENDY ELAINE BUFFINGTON HILLSBOROUGH CLERK GENERAL COUNSEL DEPARTMENT OF CORRECTIONS MARILYN FRANCES MUIR DANIEL RIPLEY

Docket Entries

2024-04-22
Application (23A943) denied by Justice Thomas.
2024-03-29
Application (23A943) to extend the time to file a petition for a writ of certiorari from April 1, 2024 to May 31, 2024, submitted to Justice Thomas.

Attorneys

Brian E. Conway
Brian E. Conway — Petitioner
Brian E. Conway — Petitioner