MANES PIERRE
v.
STATE OF FLORIDA
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A petitioner who repeatedly raises the same claims and arguments that have already been decided on the merits commits an abuse of the court's process and may be sanctioned, including through a bar on pro se filings.
[1] Repeated filings raising the same claims and arguments already decided on the merits constitute an abuse of the appellate court's process and may result in sanctions, inc…
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Join FLexlaw to unlock all legal intelligence“Petitioner's continued attempts to revisit the same issues through multiple filings is abusive, repetitive, malicious, or frivolous and an abuse of this Court's process.”
Court's explanation of why the petition should be rejected and sanctions warned.
Pierre filed a petition for writ of mandamus raising claims stemming from three previously-litigated Marion County circuit court cases. The same claim…
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PER CURIAM.
Petitioner, Manes Pierre, continues to raise the same claims and arguments stemming from Marion County Circuit Court Case Nos. 20-CF-4515, 21-CF-3642 and 20-DR-3309, which have been previously considered on the merits and disposed of by this Court. Petitioner’s continued attempts to revisit the same issues through multiple filings is abusive, repetitive, malicious, or frivolous and an abuse of this Court’s process. Petitioner is, therefore, cautioned that any further pro se filings in this Court, whether by petition or appeal, asserting claims stemming from Marion County Circuit Court Case Nos. 20-CF-4515, 21-CF-3642 and 20-DR-3309, which have previously been raised and disposed of, may result in sanctions such as a bar on pro se filing in this Court and, where applicable, referral to prison officials for disciplinary proceedings, which may include forfeiture of gain time. See § 944.279(1), Fla. Stat. (2019); State v. Spencer, 751 So. 2d 47 (Fla. 1999).
PETITIONER CAUTIONED. MAKAR, WALLIS and HARRIS, JJ., concur.