Antone v. Dugger,
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465 U.S. 200 (1984)
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U.S. Supreme Court
Antone v. Dugger, 465 U.S. 200 (1984)
Antone v. Dugger
No. 83-6155 (A-599)
Decided January 25, 1984
465 U.S. 200
In 1976, applicant was convicted in a Florida state court of first-degree murder and was sentenced to death. The Florida Supreme Court ultimately affirmed, and this Court denied certiorari. Applicant was also a party to an unsuccessful state court suit challenging the Florida Supreme Court's use of extra-record materials in conducting proportionality review of death sentences. In 1982, the trial court denied applicant's motions for postconviction relief, and the Florida Supreme Court affirmed. Applicant also sought habeas corpus relief in Federal District Court, which denied relief. The Court of Appeals ultimately affirmed, and this Court denied certiorari. After applicant's execution was set for January 24, 1984, his second state court application for postconviction relief was denied, and the Florida Supreme Court affirmed. That court also denied applicant's petition for extraordinary relief. Applicant then filed a second habeas petition in Federal District Court, which again denied relief. The Court of Appeals held that the District Court was correct in dismissing applicant's petition on the grounds that it presented successive claims that had been previously considered, and constituted an abuse of the writ as to any "new" claims, since they should have been raised on the first habeas petition. However, the Court of Appeals granted a temporary stay of execution until January 25, at 12 noon, to afford applicant an opportunity to apply to this Court for a stay of execution. After the Court of Appeals denied a petition for rehearing, a suggestion for rehearing en banc, and an application for a stay pending rehearing, applicant filed with this Court a petition for writ of certiorari and an application for a stay of execution pending consideration of the petition.
Held: With respect to the claims for relief that applicant presented for the first time on his second habeas petition, the District Court and the Court of Appeals properly found that presentation of the claims constituted an abuse of the writ. As applicant had presented the claims to the state courts before the first habeas petition was filed, he cannot properly contend that the claims were unknown to him at that time. Nor has applicant shown any basis for disagreeing with the finding of the District
Court and the Court of Appeals that the ends of justice would not be served by reconsideration of those claims previously presented on federal habeas. The federal and state courts carefully and repetitively have reviewed applicant's challenges to his conviction and sentence.
Certiorari and application for stay denied.