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RUTHERFORD v. STATE

No. SC06-18.

926 So.2d 1100 (2006)

Arthur Dennis RUTHERFORD, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

January 27, 2006.

Attorney(s) appearing for the Case

Martin J. McClain and Linda McDermott of McClain and McDermott, P.A., Wilton Manors, FL, for Appellant.

Charles J. Crist, Jr., Attorney General, and Charmaine M. Millsaps, Assistant Attorney General, Tallahassee, FL, for Appellee.

PER CURIAM.

Arthur Dennis Rutherford, a prisoner under sentence of death and an active death warrant, appeals the circuit court's order denying without an evidentiary hearing his successive postconviction motion for relief.1 We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the reasons stated below, we affirm the circuit court's order and deny Rutherford's request for a new trial.

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