LEVORY W. HICKMON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Fifth District Court of Appeal denied Levory Hickmon's successive petition attacking his conviction and sentence, prohibited him from filing further pro se petitions, and recommended disciplinary sanctions against him for abusing the judicial process through repeated meritless filings.
The petition lacks merit and is denied. Hickmon is barred from filing any further pro se petitions concerning the Seminole County case, and the court recommends disciplinary sanctions through the Department of Corrections for his abuse of the judicial process.
[1] A court may deny a party further access to the court when their filings are meritless and successive, impeding judicial efficiency.
[2] A court may prohibit a party from making further pro se filings after repeated abuse of the judicial process.
Previewing 2 of 4 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“Hickmon's current petition lacks merit and represents an effort to circumvent the limitations placed on successive post conviction attacks of criminal convictions by the Criminal Appeal Reform Act of 1996 and Florida Rule of Criminal Procedure 3.850.”
Establishes that the petition fails on the merits and violates statutory restrictions on successive filings
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceHickmon repeatedly filed successive post-conviction attacks on his conviction for possession of cocaine in Seminole County Circuit Court Case No. 01-5…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Criminal Appeal Reform Act Of 1996 cases and more on FLexlaw
Back in 2004, this Court stated:
For the tenth time in a very short time, petitioner, Levory William Hick-mon, is attempting to attack his conviction and/or sentence for possession of cocaine in Seminole County Circuit Court Case No. 01-574-CFB. Also, Hickmon has repeatedly attacked his convictions and/or sentences in his other Seminole County Circuit Court cases despite already serving those sentences. Hickmon is scheduled to be released in his current case in less than a year.
Hickmon was ordered to show cause why he should not be denied further access to this court pursuant to State v. Spencer, 751 So.2d 47 (Fla.1999). We find his response unconvincing. Hick-mon’s current petition lacks merit and represents an effort to circumvent the limitations placed on successive post conviction attacks of criminal convictions by the Criminal Appeal Reform Act of 1996 and Florida Rule of Criminal Procedure 3.850. Furthermore, meritless and successive claims are time consuming and impede the efficiency of the court. See Gaffney v. State, 878 So.2d *1123470 (Fla. 5th DCA 2004); Donovan v. State, 868 So.2d 667 (Fla. 5th DCA 2004).
We therefore barred Mr. Hickmon from any other pro se filings. Hickmon v. State, 887 So.2d 408, 408-09 (Fla. 5th DCA 2004). This did not deter him in any way and he repeated his behavior as it related to his 2002 Seminole County case, including making sworn statements of dubious veracity. However, now, in addition to barring Mr. Hickmon from future pro se filings, this court has the ability to recommend to the Department of Corrections that it impose disciplinary sanctions for Mr. Hickmon’s continued abuse of the judicial process. See §§ 944.279(1), 944.28(2)(a), Fla. Stat. (2011).
We do so now. See Isley v. State, 652 So.2d 409, 411 (Fla. 5th DCA 1995) (“Enough is enough.”); Johnson v. State, 941 So.2d 533 (Fla. 5th DCA 2006) (banning defendant from pro se filings for the second time). The Clerk of this Court is directed not to accept any further pro se filings concerning Seminole County Circuit Court Case No. 02-3627-CFB from Levo-ry W. Hickmon, and any further pleadings will be summarily rejected by the Clerk unless filed by a member in good standing of The Florida Bar. The Clerk is further directed to forward a certified copy of this opinion to Mr. Hickmon and the appropriate institution for consideration of available disciplinary procedures. Rehearing will not be entertained.
Petition DENIED; Future pro se filings PROHIBITED; Certified Opinion FORWARDED to Mr. Hickmon and the Department of Corrections.
ORFINGER, C.J., PALMER and TORPY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Levory William Hickmon v. Jones, 237 So. 3d 932 (Fla. 2018)
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Isley v. State, 652 So. 2d 409 (Fla. 5th DCA 1995)
- Gaffney v. State, 878 So. 2d 470 (Fla. 5th DCA 2004)
- Donovan v. State, 868 So. 2d 667 (Fla. 5th DCA 2004)
- Levory William Hickmon v. State, 887 So. 2d 408 (Fla. 5th DCA 2004)
- Johnson v. State, 941 So. 2d 533 (Fla. 5th DCA 2006)