CLAYBOURNE MOBLEY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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DAUKSCH, Judge.
This matter is before us as a “Petition for a Writ of Habeas Corpus ad Subjicien-dum/and or Notice of Appeal”. It is the latest, and now the last free, attack upon his conviction and sentence for sexual battery, kidnapping and robbery. After his judgment was affirmed on appeal, Mobley v. State, 405 So. 2d 811 (Fla. 5th DCA 1981), he filed six attempts to obtain collateral relief. All were unsuccessful because he did not demonstrate any entitlement to any relief. One is not permitted to litigate the same issues over and over because that activity disrupts the courts and causes worthy cases and persons to be delayed in their litigation. Adams v. State, 484 So. 2d 1216 (Fla.1986); Thomas v. State, 210 So. 2d 488 (Fla. 2d DCA 1968); Nelson v. State, 208 So. 2d 506 (Fla. 4th DCA 1968).
The trial court and this court have been extraordinarily patient with this petitioner, but that patience has now reached its end. The request of the trial judge that we give “permission to dismiss without opinion all further 3.850 motions filed by this defendant and cease the wasting of valuable court time on spurious motions” is granted. The petitioner is directed to file no further documents of any kind relating to his case number CR80-2839 in the Ninth Judicial Circuit. He is directed to file no other documents in this court relating to that judgment. Should any be filed, he shall be deemed in contempt of court and shall be punished accordingly. The petition is denied.
It is so ordered.
SHARP and COWART, JJ., concur.
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Citator
Cited By
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Fannings Johnson v. State, 589 So. 2d 456 (Fla. 5th DCA 1991)…of his parole revocation should have been raised in the earlier mandamus action, that Johnson was procedurally barred from later raising it in a separate action, and that successive post-conviction litigation is not permitted under Mobley v. State, 492 So. 2d 734 (Fla. 5th DCA 1986), reinstatement denied, 497 So. 2d 1217 (Fla.1986). Johnson alleges that the clerk assigned a file number to his “Notice” that was differ [*457] ent from the number of the then pending mandamus action and that this new file numbe…
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Vickson v. State, 688 So. 2d 370 (Fla. 5th DCA 1997)…elms v. State, 659 So. 2d 1138 (Fla. 5th DCA 1995); Orr v. State, 657 So. 2d 1271 (Fla. 5th DCA 1995). Should he do so he will be in contempt of this court and will be subject to punishment, including a sentence of consecutive time. Mobley v. State, 492 So. 2d 734 (Fla. 5th DCA 1986). It is so ordered. DAUKSCH, COBB and GRIFFIN, JJ., concur.…
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Claybourne Mobley v. State, 976 So. 2d 1146 (Fla. 5th DCA 2008)…and sentence were affirmed in Mobley v. State, 405 So. 2d 811 (Fla. 5th DCA 1981). After multiple post-conviction motions, this Court ordered Mobley to file no further documents in this case in the trial court or in this Court. See Mobley v. State, 492 So. 2d 734 (Fla. 5th DCA 1986). Despite this prohibition, Mobley has continued to file further collateral attacks on his conviction and sentence resulting in the trial court’s prohibition against Mobley filing any further pro se pleadings. After reviewing Mo…
Authorities Cited
- Nelson v. State, 208 So. 2d 506 (Fla. 4th DCA 1968)
- Adams v. State, 484 So. 2d 1216 (Fla. 1986)
- Eligha Thomas v. State, 210 So. 2d 488 (Fla. 2d DCA 1968)