DAVID BROWN
v.
STATE OF FLORIDA
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David Brown's petition for a writ of habeas corpus was denied, and the court prohibited him from filing further pro se appeals and petitions relating to his conviction in case F03-21018A due to his pattern of filing meritless, frivolous, and successive claims.
The court prohibited David Brown from filing any further pro se appeals, pleadings, motions, or petitions relating to his conviction in case F03-21018A. Any future filings must be reviewed and signed by a licensed Florida Bar attorney in good standing, and unauthorized pro se filings may subject him to sanctions including disciplinary action and forfeiture of gain time.
[1] A litigant who repeatedly files meritless, frivolous, and successive claims after prior adverse determinations may be prohibited from filing further pro se appeals, petit…
[2] A court may order a litigant to show cause why they should not be prohibited from filing further pro se matters.
Previewing 2 of 5 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“Petitioner has engaged in the filing of meritless, frivolous, and successive claims, continuing to seek relief from this Court notwithstanding prior adverse determinations on the merits.”
Establishes the court's finding of Brown's pattern of abuse of the judicial process
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceDavid Brown filed successive, duplicative pro se petitions and appeals in the Third District Court of Appeal relating to his conviction in lower tribu…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
ON ORDER TO SHOW CAUSE
On September 4, 2024, this Court denied the Petitioner David Brown’s
Petition for a Writ of Habeas Corpus. On the same date, the Court ordered
Petitioner to show cause why he should not be prohibited from filing further pro se appeals, petitions, motions, or other pleadings in this Court relating to lower tribunal case F03-21018A.
Upon consideration of Petitioner’s response to the order to show cause and the successive, duplicative, pro se petitions and appeals brought by
Petitioner, we conclude that good cause has not been shown. Petitioner has engaged in the filing of meritless, frivolous, and successive claims,
continuing to seek relief from this Court notwithstanding prior adverse determinations on the merits. In case numbers 3D2017-1685 and 3D2017-1565, this Court affirmed the trial court’s order prohibiting Petitioner from filing further pro se matters.
In accordance with State v. Spencer, 751 So. 2d 47 (Fla. 1999), and
Concepcion v. State, 944 So. 2d 1069 (Fla. 3d DCA 2006), Petitioner, David
Brown, is prohibited from filing any further pro se appeals, pleadings,
motions, or petitions relating to his conviction, judgment, and sentence in lower tribunal case F03-21018A. We direct the Clerk of the Third District
Court of Appeal to refuse to accept any such papers relating to the 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
Petitioner, David Brown, may subject him to appropriate sanctions, including the issuance of written findings forwarded to the Department of Corrections for its consideration of disciplinary action, including the 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)