GERALD M. MCKIRE, PETITIONER,

v.

MICHAEL W. MOORE, AS SECRETARY, DEPARTMENT OF CORRECTIONS, STATE OF FLORIDA, AND THE STATE OF FLORIDA, RESPONDENTS

Fla. 3d DCA | 2001-07-05

No. 3D00-3351

Before JORGENSON, GERSTEN, and FLETCHER, JJ.

826 So. 2d 1023 Florida District Court of Appeal, Third District (2001) Positive Treatment

Cited by 2 cases

Topics

Abuse Of Procedure Procedural Bar Habeas Corpus Petition Habeas Corpus

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Opinion of the Court

PER CURIAM.

We deny Gerald M. McKire’s most recent petition for habeas corpus because petitioner’s allegations of unlawful sentence and trial court error are issues which could have and should have been raised on direct appeal. See Byrd v. State, 597 So. 2d 252 (Fla.1992); see also Fla. R.Crim. P. 3.850(f). Indeed, these very issues have been addressed on the merits in multiple previous proceedings and are procedurally barred. See Gaiter v. State, 737 So. 2d 565 (Fla. 3d DCA 1999).

Furthermore, in view of the appellant’s abuse of procedure in this case, we direct the clerk of this court to reject any further appeals, petitions, or motions from Gerald M. McKire regarding the conviction and sentences imposed in lower court case no. 87-3572 unless such pleadings are signed by an attorney. See Martin v. Moore, 781 So. 2d 1172 (Fla. 3d DCA 2001); Harvey v. State, 734 So. 2d 1179, 1180; see also Duncan v. State, 728 So. 2d 1237 (Fla. 3d DCA 1999); Dennis v. State, 685 So. 2d 1373 (Fla. 3d DCA 1996).

Petition denied.

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Citator

Cited By

McKIRE v. State, 201 So. 3d 645 (Fla. 3d DCA 2016)

…the clerk of this court “to reject any further appeals, petitions or motions from Gerald M. McKire regarding the conviction and sentences imposed in lower court case no. 87-3572 unless such pleadings are signed by an attorney.” See McKire v. Moore, 826 So. 2d 1023, 1023 (Fla. 3d DCA 2001). While pro se parties must be afforded a genuine and adequate opportunity to exercise their constitutional right of access to the courts, that right is not unfettered. The right to proceed pro se may be forfeited where it…

Authorities Cited

Duncan v. State, 728 So. 2d 1237 (Fla. 3d DCA 1999)
Dennis v. State, 685 So. 2d 1373 (Fla. 3d DCA 1996)
Milford Wade Byrd v. State, 597 So. 2d 252 (Fla. 1992)
Emory Harvey v. State, 734 So. 2d 1179 (Fla. 3d DCA 1999)
Gaiter v. State, 737 So. 2d 565 (Fla. 3d DCA 1999)
Martin v. Moore, 781 So. 2d 1172 (Fla. 3d DCA 2001)

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