EDDIE JONES, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Eddie Jones petitioned for habeas corpus challenging the trial court's subject matter jurisdiction based on an allegedly defective arrest warrant affidavit. The appellate court found Jones had engaged in an abuse of the legal process through repetitive, successive filings raising the same issue and imposed restrictions on his future pro se filings.
The court found that Jones's repetitive motions, appeals, and petitions raising the same previously-decided issue constitute an abuse of the legal process and ordered that Jones may not file future pro se collateral attacks on his conviction without counsel, and must retain a Florida Bar member to represent him in pending cases.
[1] A second or successive motion for post-conviction relief may be dismissed if it fails to allege new or different grounds for relief and the prior determination was on the…
[2] A second or successive motion for post-conviction relief may be dismissed if new grounds are alleged, but the movant's or their attorney's failure to assert those grounds…
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Join FLexlaw to unlock all legal intelligence“It appears that Eddie Jones' repetitive motions, appeals, and petitions, raising the same issue that was decided adversely to him in case number 1D02-3838, is an abuse of the legal process which has had an adverse effect on the limited judicial resources of this court.”
Establishes the court's finding that successive identical filings constitute abuse of process
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceJones was prosecuted in Columbia County Circuit Court (case 01-660). He challenged the validity of his arrest warrant, claiming it lacked proper affid…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
Eddie Jones petitioned this court for a writ of habeas corpus, contending that the lower tribunal had lacked subject matter jurisdiction over him in a criminal proceeding because a warrant for his arrest was not supported by a proper affidavit. This court issued the following order:
This court has considered the instant petition for writ of habeas corpus, which argues that the prosecuting Assistant State Attorney did not have sworn testimony to support the issuance of an arrest warrant in case number 01-660 in the Circuit Court for Columbia County. It appears to this court that this claim, or a very similar claim, relating to the same lower tribunal proceeding, has also been raised by petitioner in the following proceedings:
1. Jones v. State, 1D02-3838. This is an appeal from denial of motion for post-conviction relief. The trial court’s order was affirmed by opinion issued May 7, 2003. Jones v. State, 848 So. 2d 311 (Fla. 1st DCA 2003).
2. Jones v. State, 1D03-2239. This is an appeal from denial of motion to vacate judgment, for writ of habeas corpus, and other relief. The claims were found by the trial court to be “successive, conclusory, non-specific, and/or time-barred.” Movant/petitioner was warned that he “may be found in contempt of court and subject to loss of gain time if he continues to abuse the legal process.” The appeal is pending.
3. Jones v. Crosby, 1D03-2304. The petition for writ of habeas corpus was denied June 26, 2003. Jones v. Crosby, 849 So. 2d 300 (Fla. 1st DCA 2003).
4. Jones v. State, 1D03-2963. The petition for writ of habeas corpus was denied August 12, 2003. Jones v. State, 852 So. 2d 236 (Fla. 1st DCA 2003).
5. Jones v. State, 1D03-3750. The petition for writ of habeas corpus is pending. It appears that Eddie Jones’ repetitive motions, appeals, and petitions, raising the same issue that was decided adversely to him in case number 1D02-3838, is an abuse of the legal process which has had an adverse effect on the limited judicial resources of this court.
Accordingly, Eddie Jones shall show cause within 15 days of date of this order why he should not be prohibited from appearing before this court in any proceeding which challenges his conviction and sentence in Columbia County case number 01-660, unless he is represented by a member in good standing of the Florida Bar in such proceeding. See State v. Spencer, 751 So. 2d 47 (Fla.1999).
Petitioner has filed a response, an amended response, and an emergency notice/motion to clarify the issues in case number 1D03-3317. Having now considered these filings, this court finds that petitioner’s continued attacks on his conviction and sentence are an abuse of the legal process which have had, and if allowed to continue will have, an adverse effect on the limited judicial resources of this court. Accordingly, it is hereby ordered that petitioner Eddie Jones shall retain the services of a member in good standing of the Florida Bar who shall notice an appearance in this case and in case number 1D03-22391 within twenty days of date of this order, failing which the cases are subject to dismissal without further opportunity to be heard. Further, no pro se papers from Mr. Jones to initiate a new collateral attack on the conviction in Columbia County case number 01-660, regardless of the remedy sought or theory for such attack, will be accepted for filing by the clerk of this court.
IT IS SO ORDERED.
BOOTH, DAVIS and PADOVANO, JJ., concur. . Petitioner filed a notice of voluntary dismissal in case number 1D03-3750 after this court issued its order to show cause.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Torrence W. Allen v. State, 874 So. 2d 1259 (Fla. 1st DCA 2004)…holds the misconception that he is entitled to pursue these attacks on his conviction indefinitely. This, of course, is not true. See Baker v. State, 29 Fla. L. Weekly S105, — So. 2d -, 2004 WL 439879 (Fla. March 11, 2004); see also Jones v. State, 858 So. 2d 1263 (Fla. 1st DCA 2003). Based on the above, we find it is appropriate to grant the state’s motion and impose the following sanction. Appellant Torrence Windell Alen shall retain the services of a member in good standing of the Florida Bar who shall f…
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Smith v. State, 874 So. 2d 1260 (Fla. 1st DCA 2004)…petition is procedurally barred. This court’s records reflect that this is Smith’s sixth collateral attack on his conviction.1 We accordingly warn Smith that if he continues to proceed in this manner, sanctions may be imposed. See Jones v. State, 858 So. 2d 1263 (Fla. 1st DCA 2003). PETITION DENIED. WOLF, C.J., ERVIN and VAN NORTWICK, JJ., concur. . Smith v. State, 806 So. 2d 471 (Fla. 1st DCA 2001) (habeas corpus denied); Smith v. State, 816 So. 2d 614 (Fla. 1st DCA 2002) (affir-mance of denial of m…
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Jones v. State, 876 So. 2d 697 (Fla. 1st DCA 2004)…PER CURIAM. This appeal is hereby dismissed. See Jones v. State, 858 So. 2d 1263 (Fla. 1st DCA 2003). KAHN, DAVIS and PADOVANO, JJ., concur.…
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Jones v. Crosby, 857 So. 2d 972 (Fla. 3d DCA 2003)