KEON M. LYNCH
v.
STATE OF FLORIDA
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The appellate court affirmed the dismissal of a habeas corpus petition, finding that the appellant abandoned his original claims by failing to raise them on appeal and that new claims were procedurally barred. The court also deemed the appeal frivolous and cautioned the appellant against future frivolous filings.
Yes, the appellant abandoned his original claims by not arguing them in his brief. Yes, the new claims raised for the first time on appeal are procedurally barred.
[1] A petitioner who fails to present arguments made in a postconviction petition in his appellate brief waives those arguments, and claims raised for the first time on appea…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“But Lynch has abandoned the arguments made in his petition by failing to present those arguments in his initial brief.”
Establishes the appellant's abandonment of original claims.
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Join FLexlaw to unlock all legal intelligenceKeon M. Lynch appealed the dismissal of his petition for a writ of habeas corpus, which the lower court treated as a motion for relief. Lynch failed t…
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PER CURIAM.
Keon M. Lynch appeals the dismissal of his petition for writ of habeas corpus, which the postconviction court construed as a motion for relief filed under Florida Rule of Criminal Procedure 3.850. But Lynch has abandoned the arguments made in his petition by failing to present those arguments in his initial brief. Instead, he raises new claims that he did not argue below. Thus, he has waived his original claims, and his new claims are procedurally barred. See Watson v. State, 975 So. 2d 572, 573 (Fla. 1st DCA 2008) (“[W]hen a defendant submits a brief in an appeal from a summary denial of a postconviction motion, this Court may review only those arguments raised and fully addressed in the brief.”); see also Mendoza v. State, 87 So. 3d 644, 661 (Fla. 2011)
(reaffirming that a claim raised for the first time in an appeal from the denial of a postconviction motion is procedurally barred).
We also conclude that this appeal is frivolous. Lynch has now filed seven postconviction appeals or petitions in this Court unsuccessfully attacking his judgment and sentence in Duval County Circuit Court Case Number 16-2001-CF-014528-CXXX-MA. We caution Lynch that any future filings that this Court determines to be frivolous may result in the imposition of sanctions, including a prohibition against any further pro se filings in this Court and a referral to the appropriate institution or facility of the Florida Department of Corrections for disciplinary procedures. See § 944.279(1), Fla. Stat. (2021) (providing that “[a] prisoner who is found by a court to have brought a frivolous or malicious suit, action, claim, proceeding, or appeal . . . or to have brought a frivolous or malicious collateral criminal proceeding . . . is subject to disciplinary procedures pursuant to the rules of the Department of Corrections”).
AFFIRMED.
RAY, OSTERHAUS, and M.K. THOMAS, JJ., concur. _____________________________
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Watson v. State, 975 So. 2d 572 (Fla. 1st DCA 2008)
- Marbel Mendoza v. State, 87 So. 3d 644 (Fla. 2011)