5D03-1546 James Kinsey v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D03-1546

Case Date: 09/15/2003

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2003

JAMES THOMAS KINSEY, Appellant, v. STATE OF FLORIDA, Appellee. ______________________________/ Opinion filed September 19, 2003 3.850 Appeal from the Circuit Court for Orange County, C. Alan Lawson, Judge. James Thomas Kinsey, Bushnell, pro se. No appearance for Appellee. PLEUS, J. In 1990, Kinsey was tried and convicted of the first-degree murder of his aunt. He was sentenced to life in prison with a minimum mandatory term of 25 years. His conviction and sentence were affirmed by this court. Kinsey v. State , 595 So. 2d 58 (Fla. 5th DCA 1992). He thereafter made a number of collateral attacks upon that conviction and sentence.1 CASE NO.: 5D03-1546

Kinsey filed a Rule 3.850 motion for post-conviction relief which was denied by the trial court on November 13, 1992, which he did not appeal. He filed a second Rule 3.850 motion which the trial court denied and this court affirmed. Kinsey v. State , 632 So. 2d 1044 (Fla. 5 th DCA 1994). He sought a writ of habeas corpus to obtain a belated appeal but his petition was denied. Kinsey v. State , No. 94-1288 (Fla. 5 th DCA June 13, 1994). He then switched to federal court, petitioning the Middle District for a writ of habeas corpus under 28 USC

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