OWENS
v.
STATE
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The Third District Court of Appeal issued an order prohibiting Albert T. Owens from filing further pro se pleadings in circuit court case number F98-43488 without attorney representation. The court found that Owens had failed to show good cause for continuing pro se filings after filing at least fourteen unsuccessful appeals and petitions stemming from his 2004 conviction.
The court prohibited Owens from filing any further pro se papers relating to case number F98-43488 unless reviewed and signed by a licensed Florida Bar attorney in good standing. The court found that Owens failed to demonstrate sufficient good cause for continuing pro se filings and warned that unauthorized pro se filings may result in sanctions, including disciplinary action and loss of gain time.
[1] A litigant with a history of repeated, meritless pro se filings in the same case may be prohibited from further pro se filings and required to obtain counsel, with unauth…
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Join FLexlaw to unlock all legal intelligenceOwens was convicted in 2004 of second degree murder, grand theft, and second degree arson in case number F98-43488. Since that conviction, he has file…
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PER CURIAM.
ON ORDER TO SHOW CAUSE
On November 13, 2018, this court issued an opinion denying Albert T.
Owens’ petition for a writ of mandamus to the trial court in case number F98-43488. Our opinion included an order directing Owens to show cause why he should not be prohibited from further pro se filings related to Eleventh Judicial
Circuit court case number F98-43488.1 On November 26, 2018, Owens filed his response to the order to show cause. We’ve considered Owens’ response and conclude that he has failed to show sufficient good cause supporting his request to continue to file pro se appeals, petitions, motions or other pleadings in case number F98-43488. See State v. Spencer, 751 So. 2d 47 (Fla. 1999) and Concepcion v. State, 944 So. 2d 1069 (Fla. 3d DCA 2006).
We direct the Clerk of the Third District Court of Appeal to refuse to accept any such papers relating to the specified circuit court case number 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).
Additionally, any such further and unauthorized pro se filings by Owens may subject him to appropriate sanctions, including the issuance of written 1 Including the underlying Petition, Owens has filed at least fourteen unsuccessful appeals and/or petitions with this Court, stemming from his 2004 conviction and sentence for second degree murder, grand theft, and second degree arson. All claims have been reviewed and deemed meritless. See 3D02-3239; 3D05-1394; 3D05-2243; 3D07-2637; 3D09-2980; 3D11-1484; 3D12-1372; 3D13-1032; 3D13-2070; 3D14-0356; 3D14-1321; 3D14-2724; 3D17-2786; and 3D18-2187.
findings forwarded to the Department of Corrections for its consideration of disciplinary action and forfeiture of gain time. See § 944.279(1), Fla. Stat. (2017).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Moore v. State, 944 So. 2d 1069 (Fla. 5th DCA 2006)
- Whipple v. State, 112 So. 3d 540 (Fla. 3d DCA 2013)