Mann v. Moore (2001)

In Mann v. Moore, the Florida Supreme Court made clear “THAT IN CAPITAL POSTCON-VICTION LITIGATION, EFFECTIVE JANUARY 1, 2002, all petitions for extraordinary relief, including habeas corpus petitions, must be filed simultaneously with the initial brief appealing the denial of a rule 3.850 motion.” 794 So.2d 595, 598 (Fla.2001).

See Mann v. Moore, 794 So.2d 595, 600-01 (Fla.2001); see also Parker v. Dugger, 550 So.2d 459, 460 (Fla. 1989) ("[H]abeas corpus petitions are not to be used for additional appeals on questions which ... were raised on appeal or in a rule 3.850 motion....").

See Mills v. Moore, 786 So.2d 532, 537-38 (Fla.2001), cert. denied, 532 U.S. 1015 , 121 S.Ct. 1752 , 149 L.Ed.2d 673 (2001); see also Brown v. Moore, 800 So.2d 223 (Fla.2001) (rejecting claims that aggravating circumstances are required to be charged in indictment, submitted to jury during guilt phase, and found by unanimous jury verdict); Mann v. Moore, 794 So.2d 595, 599 (Fla.2001) (same).

See Mills v. Moore, 786 So.2d 532, 537-38 (Fla.2001), cert. denied, 532 U.S. 1015 , 121 S.Ct. 1752 , 149 L.Ed.2d 673 (2001); see also Brown v. Moore, 800 So.2d 223 (Fla.2001) (rejecting claims that aggravating circumstances are required to be charged in indictment, submitted to jury during guilt phase, and found by unanimous jury verdict); Mann v. Moore, 794 So.2d 595, 599 (Fla.2001) (same).

Applying this reasoning in Hitchcock v. State, 413 So.2d 741 (Fla. 1982), we concluded that because "[t]he statutory language [of section 921.141(5)] limits aggravating factors to those listed,... there is no reason to require the state to notify defendants of the aggravating factors that the state intends to prove." Id. at 746 (citations omitted); see also Cox v. State, 819 So.2d 705, 725 (Fla.2002); Mann v. Moore, 794 So.2d 595, 599 (Fla. 2001); Vining v. State, 637 So.2d …

See Looney v. State, 803 So.2d 656, 675 (Fla.2001), cert. denied, ___ U.S. ___, 122 S.Ct. 2678 , 153 L.Ed.2d 850 (2002) (direct appeal decision); Hertz v. State, 803 So.2d 629, 648 (Fla.2001), cert. denied, ___ U.S. ___, 122 S.Ct. 2673 , 153 L.Ed.2d 846 (2002) (direct appeal decision); Card v. State, 803 So.2d 613 , 628 n. 13 (Fla. 2001), cert. denied, ___ U.S. ___, 122 S.Ct. 2673 , 153 L.Ed.2d 845 (2002) (direct appeal decision); Mann v. Moore, 794 So.2d 595, 599 (Fla.2001)…

See id. at 586 ; Mann v. Moore, 794 So.2d 595, 602 (Fla. 2001).

Mann v. Moore, 794 So.2d 595, 602 (Fla.2001).

See Mann v. Moore, 794 So.2d 595, 599 (Fla. 2001) ("Appellate counsel cannot be ineffective for not raising on direct appeal an issue with little or no merit."); Rutherford v. Moore, 774 So.2d 637, 643 (Fla.2000) (holding that the failure to raise meritless claims on direct appeal will not render appellate counsel ineffective).

Robinson v. Moore, 773 So.2d 1, 7 (Fla.2000), receded from by Mann v. Moore, 794 So.2d 595, 598 (Fla. 2001) (receding from Robinson (specifically footnote 1) and holding that "the simultaneous filing requirement in rule 9.140(b)(6)(E) and 3.851(b)(2) does apply to defendants whose convictions and sentences were finalized prior to January 1, 1994, notwithstanding the provision of rule 3.851(b)(6)").

See Brown v. Moore, 800 So.2d 223, 224 (Fla. 2001); Mann v. Moore, 794 So.2d 595, 602 (Fla.2001); Hall v. Moore, 792 So.2d 447, 450 (Fla.2001).

Medina v. Dugger, 586 So.2d 317, 318 (Fla. 1991) (quotation marks and citations omitted); see also Thompson v. State, 759 So.2d 650 , 657 n. 6 (Fla.2000) (holding that it is not proper to argue a variant to an issue already raised in a habeas petition); Mann v. Moore, 794 So.2d 595, 600-01 (Fla.2001) (same).

See Looney v. State, 803 So.2d 656, 675 (Fla.2001), cert. denied, ___ U.S. ___, 122 S.Ct. 2678 , 153 L.Ed.2d 850 (2002) (direct appeal decision); Hertz v. State, 803 So.2d 629, 648 (Fla.2001), cert. denied, ___ U.S. ___, 122 S.Ct. 2673 , 153 L.Ed.2d 846 (2002) (direct appeal decision); Card v. State, 803 So.2d 613 , 628 n. 13 (Fla. 2001), cert. denied, ___ U.S. ___, 122 S.Ct. 2673 , 153 L.Ed.2d 845 (2002) (direct appeal decision); Mann v. Moore, 794 So.2d 595, 599 (Fla.2001)…

See Jones, 794 So.2d at 586 (concluding that issue raised in habeas was within issue on direct appeal, and that "habeas is not proper to argue a variant to an already decided issue") (citing Thompson v. State, 759 So.2d 650 , 657 n. 6 (Fla. 2000)); Mann v. Moore, 794 So.2d 595, 601 (Fla.2001) (holding that claim raising same prosecutorial comments as those raised on direct appeal to assert related claim on habeas was procedurally barred).

See Bottoson v. State, 813 So.2d 31, 36 (Fla. 2002); King v. State, 808 So.2d 1237, 1245 (Fla.2002); Mann v. Moore, 794 So.2d 595, 599 (Fla.2001); Mills v. Moore, 786 So.2d 532, 537-38 (Fla.2001).

See King v. State, 808 So.2d 1237 (Fla.2002), stay granted, ___ U.S. ___, 122 S.Ct. 932 , 151 L.Ed.2d 894 (2002); Mills v. Moore, 786 So.2d 532, 536-537 (Fla.2001), cert. denied, 532 U.S. 1015 , 121 S.Ct. 1752 , 149 L.Ed.2d 673 (2001); see also Brown v. Moore, 800 So.2d 223 (Fla. 2001) (rejecting claims that aggravating circumstances are required to be charged in indictment, submitted to jury during guilt phase, and found by unanimous jury verdict); Mann v. Moore, 794 So.2d …

See Mills v. Moore, 786 So.2d 532, 537-38 (Fla.2001), cert. denied, 532 U.S. 1015 , 121 S.Ct. 1752 , 149 *1246 L.Ed.2d 673 (2001); see also Brown v. Moore, 800 So.2d 223 (Fla.2001) (rejecting claims that aggravating circumstances are required to be charged in indictment, submitted to jury during guilt phase, and found by unanimous jury verdict); Mann v. Moore, 794 So.2d 595, 599 (Fla.2001) (same).

See Hall v. Moore, 792 So.2d 447, 450 (Fla.2001); Mann v. Moore, 794 So.2d 595, 600 (Fla. 2001).

See Mann v. Moore, 794 So.2d 595, 600-01 (Fla.2001).

See Mann v. Moore, 794 So.2d 595, 599 (Fla.2001) (holding that "[a]ppellate counsel cannot be ineffective for not raising on appeal an issue with little or no merit").

See Mann v. Moore, 794 So.2d 595, 600 (Fla.2001), cert. denied, 536 U.S. 962 , 122 S.Ct. 2669 , 153 L.Ed.2d 843 (2002); Jones v. Moore, 794 So.2d 579, 583 (Fla.2001)(finding procedural bar to habeas claim which was variant to claim previously addressed); Parker v. Dugger, 550 So.2d 459, 460 (Fla.1989)("[H]abeas Corpus petitions are not to be used for additional appeals on questions which . . . were raised on appeal or in a rule 3.850 motion. . . .").

This Court has held that since all of the possible aggravating factors are detailed in section 921.141(5) of the *725 Florida Statutes, "there is no reason to require the State to notify defendants of the aggravating factors it intends to prove." Vining v. State, 637 So.2d 921, 927 (Fla.1994); see also Mann v. Moore, 794 So.2d 595, 599 (Fla.2001).

See Mann v. Moore, 794 So.2d 595, 602 (Fla.2001); Hall v. Moore, 792 So.2d 447, 450 (Fla.2001).

See Mann v. Moore, 794 So.2d 595 (Fla.2001) (finding no cumulative effect to consider where all claims were either meritless or procedurally barred and therefore denying habeas petition).

See Mann v. Moore, 794 So.2d 595 (Fla.2001); Fla. R.App.