· 3/4/1985
Johnny Paul Witt v. Louie L. Wainwright, Secretary, Florida Department of Corrections, Jim Smith, Attorney General, State of Florida
Citations
- 755 F.2d 1396
- 1985 U.S. App. LEXIS 28515
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding abuse of the writ when claim raised in case upon which petitioner relied “had been raised long before [that] case” so that failure to present the claim in his first petition was “necessarily attributable to abandonment or inexcusable neglect”
- insufficient to allege that evidence was not available if it was within petitioner’s power to elicit such evidence at time of earlier petition
Source: CourtListener parenthetical corpus (CC0).
Judges: Roney, Fay, Johnson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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