RUTHERFORD v. STATE

Nos. SC06-1931, SC06-1946.

940 So.2d 1112 (2006)

Arthur Dennis RUTHERFORD, Appellant, v. STATE of Florida, Appellee. Arthur Dennis Rutherford, Petitioner, v. James R. McDonough, etc., Respondent.

Supreme Court of Florida.

October 12, 2006.


Attorney(s) appearing for the Case

Linda McDermott and Martin J. McClain 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 third successive motion for postconviction relief and the circuit court's order dismissing his motion to correct an illegal sentence. Rutherford also petitions the Court for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const.; art. V, § 3(b)...

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