RICHARD EARL GOURLEY, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2001-05-11

No. 5D01-764

HARRIS and SAWAYA, JJ, concur.

787 So. 2d 184 Florida District Court of Appeal, Fifth District (2001) Caution

Cited by 31 cases

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Holding

The court held that the appellant's postconviction motions were frivolous and meritless.

Facts & Procedural History

Richard Gouriey appealed the summary denial of four postconviction motions related to his 1972 conviction for first-degree murder. He has a history of…

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Topics

Successive Petitions Frivolous Appeal Postconviction Relief Habeas Corpus

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Opinion of the Court

PLEUS, J.

Richard Gouriey appeals the summary denial of four postconviction motions attacking his 1972 conviction and sentence to life imprisonment for first degree murder. We affirm the denial of his motions as frivolous and meritless.

In addition to the direct appeal of his conviction and sentence which was affirmed in Gourley v. State, 285 So. 2d 40 (Fla. 4th DCA 1973), defendant has. appealed the denial of five Rule 3.850 motions and one prior motion to correct sentence. He also has filed several habeas corpus petitions.1 Enough is enough. See, e.g ., Rahymes v. State, 730 So. 2d 420 (Fla. 5th DCA), appeal dismissed, 733 So. 2d 516 (Fla.1999); Werts v. State, 722 So. 2d 982 (Fla. 5th DCA 1999); Davis v. State, 705 So. 2d 133 (Fla. 5th DCA 1998). Defendant is warned that filing any additional successive and frivolous pro se petitions or appeals attacking his 1972 conviction and sentence will result in the issuance of an order to show cause why he should not be denied further access to this court. See State v. Spencer, 751 So. 2d 47 (Fla.1999).

AFFIRMED.

HARRIS and SAWAYA, JJ, concur. . See Gourley v. State, 653 So. 2d 439 (Fla. 5th DCA), rev. dismissed, 660 So. 2d 713 (Fla.1995); Gourley v. State, 647 So. 2d 124 (Fla. 5th DCA 1994), rev. dismissed, 654 So. 2d 130 (Fla.1995); Gourley v. State, 620 So. 2d 776 (Fla. 5th DCA 1993); Gourley v. State, 608 So. 2d 886 (Fla. 5th DCA 1992); Gourley v. State, 595 So. 2d 58 (Fla. 5th DCA 1992); Gourley v. State, 484 So. 2d 28 (Fla. 5th DCA 1986), appeal dismissed, 488 So. 2d 67 (Fla.1986); Gourley v. State, 474 So. 2d 230 (Fla. 5th DCA 1985); Gourley v. State, 432 So. 2d 755 (Fla. 5th DCA 1983), appeal dismissed, 458 So. 2d 272 (Fla.1984); Gourley v. State, 411 So. 2d 412 (Fla. 5th DCA 1981); Gourley v. State, 285 So. 2d 40 (Fla. 4th DCA 1973).

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Citator

Cited By (16 total)

B.C. v. Dep't of Child. & Families, 846 So. 2d 1273 (Fla. 4th DCA 2003)

…gust 2000, following the couple’s separation, and one in December 2000. In order to support an adjudication of dependency the parent’s harmful behavior must be a present threat to the child. For example, in W.T. v. Department of Children & Families, 787 So. 2d 184 (Fla. 5th DCA 2001), the trial court adjudicated the child dependent as a consequence of the acrimonious relationship between the’ child’s mother and father. At the time, the parents were in the middle of a divorce. The Fifth District reversed becau…
In the Interest of K.B. and M.B. v. Dep't of Child. & Fam. Servs., 937 So. 2d 709 (Fla. 2d DCA 2006)

…urther, for “harm” resulting from witnessing domestic violence to constitute “abuse,” the domestic violence witnessed by the child must result in some physical, mental, or sexual injury to the child. § 39.01(2); W.T. v. Dep’t of Children & Families, 787 So. 2d 184, 185 (Fla. 5th DCA 2001). Moreover, in order to declare a child dependent, the parent’s harmful behavior must pose a present threat to the child based on current circumstances. B.C. v. Dep’t of Children & Families, 846 So. 2d 1273, 1274 (Fla. 4th DC…
R.S. v. Dep't of Child. & Families, 881 So. 2d 1130 (Fla. 4th DCA 2004)

…that demonstrates a wanton disregard for the presence of a child and could reasonably result in serious injury to the child, is limited to instances where the child sees or is aware of the violence occurring); W.T. v. Dep’t of Children and Families, 787 So. 2d 184 (Fla. 5th [*1135] DCA 2001)(holding that in order to support a finding of dependency there has to be a showing that the parent’s domestic violence has had an adverse effect on the child). A DCF expert in risk assessment, Pat Morrow, testified that…

Previewing 3 of 16 citing cases — full citator treatment, depth of discussion, and citing context are member features.

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Authorities Cited

State v. Spencer, 751 So. 2d 47 (Fla. 1999)
Davis v. State, 705 So. 2d 133 (Fla. 5th DCA 1998)
Rahymes v. State, 730 So. 2d 420 (Fla. 5th DCA 1999)
Gourley v. State, 608 So. 2d 886 (Fla. 5th DCA 1992)
Gourley v. State, 432 So. 2d 755 (Fla. 5th DCA 1983)
Werts v. State, 722 So. 2d 982 (Fla. 5th DCA 1999)
J.C. v. State, 722 So. 2d 982 (Fla. 5th DCA 1999)
Gourley v. State, 285 So. 2d 40 (Fla. 4th DCA 1973)
Gourley v. State, 653 So. 2d 439 (Fla. 5th DCA 1995)

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RICHARD EARL GOURLEY, APPELLANT, v. STATE OF FLORIDA, APPELLEE