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Gaiter v. State, No. 3D09-1926 (Fla. App. 8/26/2009) (Fla. App., 2009)

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Kevin Gaiter, Appellant, v. The State of Florida, Appellee. No. 3D09-1926 District Court of Appeal of Florida, Third District. Opinion filed August 26, 2009.An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Mark King Leban, Judge, Lower Tribunal No. 91-14366. Kevin Gaiter, in proper person. Bill McCollum, Attorney General, for appellee. Before COPE, LAGOA, and SALTER, JJ. PER CURIAM. This is an appeal of an order denying a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We affirm the denial of relief on authority of Gaiter v. State, 737 So. 2d 565 (Fla. 3d DCA 1999). As the appellant has filed multiple postconviction motions, and as the current postconviction motion seeks to relitigate the exact claim which was decided adversely to this appellant in Gaiter, we affirm the order barring the appellant from filing further pro se motions in the trial court...continue to full post

Full post as published by Florida Criminal Law Opinions on August 26, 2009 (boomark / email).