RODRICK J. SAMS,
v.
THE STATE OF FLORIDA,

Fla. 3d DCA | 2019-11-13
No. 19-1907
Per Curiam
Florida District Court of Appeal, Third District (2019)

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Synopsis

The Florida District Court of Appeal, Third District, prohibited Rodrick Sams from filing further pro se appeals and petitions relating to two specific criminal cases after finding he had engaged in successive, duplicative, and frivolous filings. Any future filings on these matters must be reviewed and signed by a licensed Florida attorney.


Holding

The Court prohibited Sams from filing any further pro se appeals, pleadings, motions, or petitions relating to his conviction, judgment, and sentence in the specified cases unless reviewed and signed by a licensed Florida attorney in good standing.


Headnotes

[1] A court may prohibit a party from filing further pro se appeals, petitions, motions, or other pleadings when the party has engaged in the filing of meritless, frivolous,…

[2] A party must show good cause to avoid being prohibited from filing further pro se appeals, petitions, motions, or other pleadings after demonstrating a pattern of meritle…

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Key Quotes

“Sams has engaged in the filing of meritless, frivolous, and successive claims, continuing to seek relief from this Court notwithstanding prior adverse determinations on the merits.”

Establishes the Court's basis for finding good cause to impose the pro se filing prohibition based on Sams' pattern of frivolous litigation.

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Facts & Procedural History

Sams filed multiple successive pro se petitions and appeals in this Court relating to lower tribunal case numbers F-00-21546 and F-00-22162. The Court…

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Opinion of the Court

PER CURIAM.

On October 8, 2019, the Court denied Rodrick J. Sams’ petition for a writ of habeas corpus. On the same date, the Court ordered Sams to show cause why he should not be prohibited from filing further pro se appeals, petitions, motions, or other pleadings in this Court relating to lower tribunal case numbers F-00-21546 and F-00-22162.

Upon consideration of Sams’ response to the order to show cause and the successive, duplicative, pro se petitions and appeals brought by Sams, we conclude that good cause has not been shown. Sams has engaged in the filing of meritless, frivolous, and successive claims, continuing to seek relief from this Court notwithstanding prior adverse determinations on the merits.1

In accordance with State v. Spencer, 751 So. 2d 47 (Fla. 1999), and Concepcion v. State, 944 So. 2d 1069 (Fla. 3d DCA 2006), Sams is prohibited from filing any further pro se appeals, pleadings, motions, or petitions relating to his conviction, judgment, and sentence in lower tribunal cases F-00-21546 and F-00-22162. We direct the Clerk of this Court to refuse to accept any such papers relating to the specified circuit court case numbers unless they have been reviewed and signed by an attorney who is a duly licensed member of The Florida Bar in good standing. See Whipple v. State, 112 So. 3d 540 (Fla. 3d DCA 2013).

Footnotes
1 Sams v. State, 3D16-2002; Sams v. State, 3D15-1635; Sams v. State, 3D14-2027; Sams v. State, 3D14-154; Sams v. State, 3D13-729; Sams v. State, 3D12-1465; Sams v. State, 3D11-3073; Sams v. State, 3D10-1995; Sams v. State, 3D08-367; Sams v. State, 3D05-154; Sams v. State, 3D04-2918; Sams v. Crosby, 3D04-1516; Sams v. State, 3D03-753; Sams v. State, 3D02-67.

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