Parker v. Dugger, Nos. 74749

CourtUnited States State Supreme Court of Florida
Writing for the CourtPER CURIAM; EHRLICH; BARKETT; BARKETT
Citation14 Fla. L. Weekly 557,550 So.2d 459
Docket NumberNos. 74749,74888
Decision Date25 October 1989
Parties14 Fla. L. Weekly 557 J.B. PARKER, Petitioner, v. Richard L. DUGGER, Respondent. J.B. PARKER, Appellant, v. STATE of Florida, Appellee.

Page 459

550 So.2d 459
14 Fla. L. Weekly 557
J.B. PARKER, Petitioner,
v.
Richard L. DUGGER, Respondent.
J.B. PARKER, Appellant,
v.
STATE of Florida, Appellee.
Nos. 74749, 74888.
Supreme Court of Florida.
Oct. 25, 1989.

Francis D. Landrey, Edward F. Westfield and Michael P. Aaron of Proskauer, Rose, Goetz & Mendelsohn, New York City, and Steven J. Stein, Boca Raton, for petitioner/appellant.

Robert A. Butterworth, Atty. Gen., and Celia A. Terenzio, Asst. Atty. Gen., West Palm Beach, for respondent/appellee.

PER CURIAM.

J.B. Parker petitions this Court for a writ of habeas corpus, appeals the trial court's denial of his motion for postconviction relief pursuant to rule 3.850, Florida Rules of Criminal Procedure, and seeks a stay of his scheduled execution. This is the second postconviction relief proceeding in this cause. We have jurisdiction, article V, section 3(b)(1) & (9), Florida Constitution, and deny all relief.

We recently summarized the facts and procedural posture of this cause in Parker's prior postconviction proceeding, stating:

The facts reveal that Parker and three others, John Earl Bush, Alphonso Cave, and Terry Wayne Johnson, robbed a convenience store, abducted an eighteen-year-old woman employee, and subsequently shot and killed her. Parker was convicted of first-degree murder, kidnapping, and robbery with a firearm. By an eight-to-four vote, the jury recommended a sentence of death, and the trial judge imposed the death sentence. We affirmed the conviction and sentence in Parker v. State, 476 So.2d 134 (Fla.1985), which contains a more detailed rendition of the facts.

Two of the codefendants, Bush and Cave, were convicted of first-degree murder and given death sentences. We affirmed Bush's conviction and sentence in Bush v. State, 461 So.2d 936 (Fla.1984), cert. denied, 475 U.S. 1031, 106 S.Ct. 1237, 89 L.Ed.2d 345 (1986), and Cave's conviction and sentence in Cave v. State, 476 So.2d 180 (Fla.1985), cert. denied, 476 U.S. 1178, 106 S.Ct. 2907, 90 L.Ed.2d 993 (1986). The other participant, Johnson, was convicted of kidnapping and felony murder. See Johnson v. State, 484 So.2d 1347 (Fla. 4th DCA), review denied, 494 So.2d 1151 (Fla.1986).

Page 460

Parker v. State, 542 So.2d 356, 357 (Fla.1989). In that decision, we denied Parker's petition for a writ of habeas corpus and affirmed the trial court's denial of his first rule 3.850 motion.

After the governor signed Parker's death warrant, Parker filed his second rule 3.850 motion with the trial court, which again denied relief. Parker appeals the trial court's denial of this postconviction motion and also files his second petition for a writ of habeas corpus directly with this Court. In these proceedings, he argues that: (1) the trial judge failed to give specific, written findings of fact contemporaneously with his sentencing decision,...

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67 practice notes
  • Davis v. State, No. SC02-1424.
    • United States
    • United States State Supreme Court of Florida
    • October 20, 2005
    ...to use habeas corpus proceedings as a vehicle to relitigate claims that have already been rejected by the Court. See Parker v. Dugger, 550 So.2d 459, 460 (Fla. 1989) ("It is important to note that habeas corpus petitions are not to be used for additional appeals on questions which could hav......
  • Taylor v. Sec'y, Case No. 8:10-cv-382-T-30AEP
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • June 1, 2011
    ...have been, or were raised on appeal or in a rule 3.850 motion, or on matters that were not objected to at trial." Parker v. Dugger, 550 So. 2d 459, 460 (Fla. 1989). We rejected a similar argument in Doyle v. Singletary, 655 So. 2d 1120, 1121 (Fla. 1995) (holding that Doyle's claim was proce......
  • Downs v. Moore, No. SC00-2186.
    • United States
    • United States State Supreme Court of Florida
    • September 26, 2001
    ...192, 193 (Fla.1990); Porter v. Dugger, 559 So.2d 201, 203 (Fla.1990); Mills v. Dugger, 559 So.2d 578, 579 (Fla. 1990); Parker v. Dugger, 550 So.2d 459, 460 (Fla.1989); Suarez v. Dugger, 527 So.2d 190 (Fla.1988); White v. Dugger, 511 So.2d 554, 555 (Fla.1987); Blanco v. Wainwright, 507 So.2d......
  • Bottoson v. Moore, No. SC02-1455.
    • United States
    • United States State Supreme Court of Florida
    • October 24, 2002
    ...See Mann v. Moore, 794 So.2d 595 (Fla.2001); cert. denied, ___ U.S. ___, 122 S.Ct. 2669, 153 L.Ed.2d 843 (2002); Parker v. Dugger, 550 So.2d 459 However, I also write to address the issues involving the maximum sentence for 833 So.2d 700 a capital offense, the jury override, and the standar......
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67 cases
  • Downs v. Moore, No. SC00-2186.
    • United States
    • United States State Supreme Court of Florida
    • September 26, 2001
    ...192, 193 (Fla.1990); Porter v. Dugger, 559 So.2d 201, 203 (Fla.1990); Mills v. Dugger, 559 So.2d 578, 579 (Fla. 1990); Parker v. Dugger, 550 So.2d 459, 460 (Fla.1989); Suarez v. Dugger, 527 So.2d 190 (Fla.1988); White v. Dugger, 511 So.2d 554, 555 (Fla.1987); Blanco v. Wainwright, 507 So.2d......
  • Bottoson v. Moore, No. SC02-1455.
    • United States
    • United States State Supreme Court of Florida
    • October 24, 2002
    ...See Mann v. Moore, 794 So.2d 595 (Fla.2001); cert. denied, ___ U.S. ___, 122 S.Ct. 2669, 153 L.Ed.2d 843 (2002); Parker v. Dugger, 550 So.2d 459 However, I also write to address the issues involving the maximum sentence for 833 So.2d 700 a capital offense, the jury override, and the standar......
  • Peede v. State, No. SC04-2094.
    • United States
    • United States State Supreme Court of Florida
    • January 11, 2007
    ...used for additional appeals on questions which could have been, should have been, or were raised on appeal") (quoting Parker v. Dugger, 550 So.2d 459, 460 (Fla.1989)). Concerning Rebecca Keniston's testimony, the State is correct that defense counsel only objected to this testimony on the b......
  • Davis v. State, No. SC02-1424.
    • United States
    • United States State Supreme Court of Florida
    • October 20, 2005
    ...to use habeas corpus proceedings as a vehicle to relitigate claims that have already been rejected by the Court. See Parker v. Dugger, 550 So.2d 459, 460 (Fla. 1989) ("It is important to note that habeas corpus petitions are not to be used for additional appeals on questions which could hav......
  • Request a trial to view additional results

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