JAMA JOHNSON
v.
STATE OF FLORIDA
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A trial court's decision rejecting a claim that has been previously litigated and rejected twice is affirmed.
[1] A court may sanction a litigant for repetitious appeals of the same meritless claim, particularly after prior warning and rejection of identical claims.
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Join FLexlaw to unlock all legal intelligence“This appeal represents the third time that Appellant has litigated this same meritless claim. This Court has considered and rejected Appellant's previous attempts to raise this claim.”
Court's opening statement explaining the repetitious nature of the litigation
Jama Johnson appealed a circuit court decision in Lake County. This was Johnson's third attempt to litigate the same claim, with two prior appeals pre…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
JAMA JOHNSON,
Appellant,
v. Case No. 5D19-355
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed August 2, 2019
3.850 Appeal from the Circuit Court for Lake County, Heidi Davis, Judge.
Jama Johnson, Bushnell, pro se.
Ashley Moody, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
This appeal represents the third time that Appellant has litigated this same meritless claim. This Court has considered and rejected Appellant's previous attempts to raise this claim. See Johnson v. State, 231 So. 3d 1284 (Fla. 5th DCA 2017); Johnson v. State, 225 So. 3d 834 (Fla. 5th DCA 2017). We warn Appellant that any attempts to
2 appeal this same claim may result in sanctions. See Carr v. State, 917 So. 2d 1047, 1048 (Fla. 5th DCA 2006) (sanctioning repetitious litigant after earlier warning).
AFFIRMED.
ORFINGER, WALLIS and EDWARDS, JJ., concur.
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