KEVIN D. HARVEY
v.
THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT

Fla. 3d DCA | 2024-01-10
No. 2023-2211
191 So. 3d 471 Florida District Court of Appeal, Third District (2024) Positive Treatment
Also reported at: 207 So. 3d 239 · 139 So. 3d 899 · 95 So. 3d 236 · 91 So. 3d 145 · 72 So. 3d 760 · 6 So. 3d 617
Cited by 14 cases

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.

Holding

A court may issue an order to show cause prohibiting a litigant from filing further pro se pleadings when the litigant has repeatedly filed procedurally barred or meritless claims that waste judicial resources and constitute an abuse of the judicial process.

Headnotes

[1] A court may issue an order to show cause prohibiting a pro se litigant from filing further pleadings when the litigant has filed numerous successive filings raising proce…

[2] Repeated filing of identical postconviction claims that have been found meritless on prior occasions constitutes an abuse of the judicial process warranting restrictions…

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Key Quotes

“This Court has never granted relief to Harvey based on the merits of his postconviction claims. In the instant proceeding, Harvey continues to raise claims he previously raised, and which this Court previously found to be without merit.”

Establishes that Harvey's pattern consists of repeatedly raising identical claims that have been found meritless.

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Facts & Procedural History

Kevin Harvey's conviction and sentence were affirmed on direct appeal in 1991. Since that time, Harvey has filed approximately twenty-five pro se post…

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Topics
Meritless Claims Procedurally Barred Claims Abuse Of Judicial Process Pro Se Litigant

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Opinion of the Court

Third District Court of Appeal

State of Florida

Opinion filed January 10, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-2211 Lower Tribunal Nos. F88-2420, F81-10625, F81-3029

________________

Kevin D. Harvey,

Petitioner,

vs.

The Circuit Court of the Eleventh Judicial Circuit, et al., Respondents.

A Case of Original Jurisdiction – Habeas Corpus. Kevin D. Harvey, in proper person. Ashley Moody, Attorney General, for respondent The State of Florida. Before LOGUE, C.J., and EMAS and BOKOR, JJ. PER CURIAM. Following review of Kevin Harvey’s petition for writ of habeas corpus, filed December 13, 2023, it is ordered that said petition is hereby denied.

ORDER TO SHOW CAUSE

The Court further notes that, since the affirmance of Harvey’s judgment and sentence on direct appeal in 1991 (Harvey v. State, 575 So. 2d 663 (Fla. 3d DCA 1991)), Harvey has filed at least twenty-five (25) pro se postconviction appeals or original proceedings in this Court, related to the convictions, judgments, and sentences in circuit court case number F88- 2420. See, e.g., Harvey v. State, 3D22-36 (petition denied by order Jan. 12, 2022); Harvey v. State, 302 So. 3d 880 (Fla. 3d DCA 2020); Harvey v. State, 259 So. 3d 179 (Fla. 3d DCA 2018); Harvey v. State, 239 So. 3d 682 (Fla. 3d DCA 2017); Harvey v. State, 224 So. 3d 228 (Fla. 3d DCA 2017); Harvey v. State, 208 So. 3d 91 (Fla. 3d DCA 2016); Harvey v. State, 191 So. 3d 471 (Fla. 3d DCA 2016); Harvey v. State, 207 So. 3d 239 (Fla. 3d DCA 2015); Harvey v. State, 139 So. 3d 899 (Fla. 3d DCA 2013); Harvey v. State, 95 So. 3d 236 (Fla. 3d DCA 2012); Harvey v. State, 91 So. 3d 145 (Fla. 3d DCA 2012); Harvey v. State, 78 So. 3d 11 (Fla. 3d DCA 2011); Harvey v. State, 72 So. 3d 760 (Fla. 3d DCA 2011); Harvey v. State, 56 So. 3d 113 (Fla. 3d DCA 2011); Harvey v. State, 11 So. 3d 457 (Fla. 3d DCA 2009); Harvey v. Gammons, 6 So. 3d 617 (Fla. 3d DCA 2009); Harvey v. State, 993 So. 2d 530 (Fla. 3d DCA 2008): Harvey v. State, 990 So. 2d 1074 (Fla. 3d DCA 2008); Harvey v. State, 864 So. 2d 421 (Fla. 3d DCA 2003); Harvey v. State, 861 So. 2d 1162 (Fla. 3d DCA 2003); Harvey v. State, 773 So. 2d 1161 (Fla. 3d DCA 2000); Harvey v. State, 744 So. 2d 1008 (Fla. 3d DCA 1999); Harvey v. State, 656 So. 2d 160 (Fla. 3d DCA 1995); Harvey v. Chavies, 642 So. 2d 1375 (Fla. 3d DCA 1994); Harvey v. State, 613 So. 2d 36 (Fla. 3d DCA 1992). This Court has never granted relief to Harvey based on the merits of his postconviction claims.1 In the instant proceeding, Harvey continues to raise claims he previously raised, and which this Court previously found to be without merit. Further, Harvey continues to raise claims which are procedurally barred, improperly seeking to cast the claim as a petition for writ of habeas corpus in an attempt to avoid the two-year time limitation for motions made pursuant to Florida Rule of Criminal Procedure 3.850. By engaging in such conduct in this Court, it appears that Harvey has abused the judicial process, continuing to seek relief by raising procedurally barred claims and urging pursuing claims that have already been considered and determined to be without merit. Harvey’s actions have caused this Court

Footnotes
1 In twenty-four of the twenty-six appellate proceedings enumerated above, this Court has denied or dismissed Harvey’s petition, or has affirmed the trial court’s order. In the remaining two proceedings, the Court granted limited procedural relief, remanding the postconviction claim to the trial court for a merits-based determination. Ultimately, the trial court denied each of Harvey’s claims for postconviction relief and this Court affirmed the trial court’s orders or otherwise denied or dismissed Harvey’s petitions seeking mandamus, prohibition, habeas or other relief. to expend precious and finite judicial resources, which could otherwise be devoted to cases raising legitimate claims. See Hedrick v. State, 6 So. 3d 688, 691 (Fla. 4th DCA 2009) (noting: “A legitimate claim that may merit relief is more likely to be overlooked if buried within a forest of frivolous claims.”) See also Casey v. State,177 So. 3d 603, 605 n.3 (Fla. 2015) (“The United States Supreme Court has stated that ‘[e]very paper filed with the Clerk of this Court, no matter how repetitious or frivolous, requires some portion of the institution's limited resources. A part of the Court's responsibility is to see that these resources are allocated in a way that promotes the interests of justice.’” (quoting In re McDonald, 489 U.S. 180, 184 (1989))). The Court therefore orders Kevin Harvey to show cause, within forty-five (45) days from the date of this Order, why he should not be prohibited from filing further pro se pleadings in this Court relating to the convictions, judgments, and sentences in circuit court case number F88-2420. Absent a showing of good cause, this Court intends to direct the Clerk of the Third District Court of Appeal to refuse to accept any paper, document or filing relating to circuit court case number F88-2420, unless it has been reviewed and signed by a member in good standing of The Florida Bar.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Jimenez v. State, 196 So. 3d 499 (Fla. 3d DCA 2016)
    …al court’s order and remanded for the entry of a corrected sentence.1 In addition, Jimenez filed two pro se petitions seeking writs of habeas corpus, which this Court denied. See Jimenez v. State, 26 So. 3d 592 (Fla. 3d DCA 2010); Jimenez v. State, 6 So. 3d 617 (Fla. 3d DCA 2009). Jimenez has also filed two petitions for writs of mandamus in the Florida Supreme Court, both of which were dismissed. See Jimenez v. State, 177 So. 3d 1267 (Fla.2015) (table); Jimenez v. State, 23 So. 3d 110 (Fla.2009) (table).…
  • Harvey v. The Cir. Court of the Eleventh Jud. Cir., 191 So. 3d 471 (Fla. 3d DCA 2024)
    …2 (Fla. 3d DCA 2017); Harvey v. State, 224 So. 3d 228 (Fla. 3d DCA 2017); Harvey v. State, 208 So. 3d 91 (Fla. 3d DCA 2016); Harvey v. State, 191 So. 3d 471 (Fla. 3d DCA 2016); Harvey v. State, 207 So. 3d 239 (Fla. 3d DCA 2015); Harvey v. State, 139 So. 3d 899 (Fla. 3d DCA 2013); Harvey v. State, 95 So. 3d 236 (Fla. 3d DCA 2012); Harvey v. State, 91 So. 3d 145 (Fla. 3d DCA 2012); Harvey v. State, 78 So. 3d 11 (Fla. 3d DCA 2011); Harvey v. State, 72 So. 3d 760 (Fla. 3d DCA 2011); Harvey v. State, 56 So…
    1 / 5
  • Harvey v. State, 78 So. 3d 11 (Fla. 3d DCA 2011)

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