LEVORY WILLIAM HICKMON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 5th DCA | 2004-10-15
No. 5D04-1954
PETERSON and PLEUS, JJ„ concur.
887 So. 2d 408 Florida District Court of Appeal, Fifth District (2004) Positive Treatment
Cited by 4 cases

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Holding

The court held that the petitioner is precluded from filing further pro se appeals, pleadings, motions, or petitions related to his specific convictions and sentences unless reviewed and filed by a licensed attorney.


Headnotes

[1] A court may deny a petitioner further access to the court when their filings are unconvincing and represent an effort to circumvent limitations on successive post-convict…

[2] Meritless and successive claims are time-consuming and impede the efficiency of the court.

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Facts & Procedural History

The petitioner has repeatedly attacked his convictions and sentences for possession of cocaine, despite already serving some sentences. He was ordered…

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Opinion of the Court
THOMPSON, J.

THOMPSON, J.

For the tenth time in a very short time, petitioner, Levory William Hickmon, is attempting to attack his conviction and/or sentence for possession of cocaine in Seminole County Circuit Court Case No. 01-574^CFB. Also, Hickmon has repeatedly attacked his convictions and/or sentences in his other Seminole County Circuit Court cases despite already serving those sentences. Hickmon is scheduled to be released in his current case in less than a year. Hickmon was ordered to show cause why he should not be denied further access to this court pursuant to State v. Spencer, 751 So. 2d 47 (Fla.1999). We find his response unconvincing. Hickmon’s current petition lacks merit and represents an effort to circumvent the limitations placed on successive post conviction attacks of criminal convictions by the Criminal Appeal Reform Act of 1996 and Florida Rule of Criminal Procedure 3.850. Furthermore, meritless and successive claims are time consuming and impede the efficiency of the court. See Gaffney v. State, 878 So. 2d 470 (Fla. 5th DCA 2004); Donovan v. State, 868 So. 2d 667 (Fla. 5th DCA 2004).

It is therefore ordered that Hickmon is precluded from filing any additional pro se appeals, pleadings, motions, or petitions pertaining to his convictions and sentences in Seminole County Circuit Court Case No. 01-574-CFB, and his other Seminole County Circuit Court convictions and sentences already served unless reviewed and filed by an attorney licensed to practice law in the State of Florida.

The Clerk of the Court of the Fifth District Court of Appeal is directed not to accept from Hickmon, as petitioner or appellant, any further pro se pleadings or filings which relate to these cases unless reviewed and signed by an attorney licensed to practice law in the State of Florida. See Jackson v. Florida Dep’t of Corrections, 790 So. 2d 398 (Fla.2001); Vickson v. Singletary, 734 So. 2d 376 (Fla.1999); Isley v. State, 652 So. 2d 409 (Fla. 5th DCA 1995).

PETITION DENIED.

PETERSON and PLEUS, JJ„ concur.


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Citator

Cited By

  • Levory William Hickmon v. Jones, 237 So. 3d 932 (Fla. 2018)
    …unrelenting pro se requests for relief, and it should be no surprise to him that such conduct can lead to being barred from filing further pro se pleadings in this Court. See Hickmon v. State , 96 So. 3d 1122 (Fla. 5th DCA 2012) ; Hickmon v. State , 887 So. 2d 408 (Fla. 5th DCA 2004). Therefore, based on Hickmon's extensive history of filing pro se petitions and requests for relief that were meritless or otherwise inappropriate for this Court's review, we now find that he has abused this Court's limited judi…
  • Levory W. Hickmon v. State, 96 So. 3d 1122 (Fla. 5th DCA 2012)
    …nsuming and impede the efficiency of the court. See Gaffney v. State, 878 So. 2d [*1123] 470 (Fla. 5th DCA 2004); Donovan v. State, 868 So. 2d 667 (Fla. 5th DCA 2004). We therefore barred Mr. Hickmon from any other pro se filings. Hickmon v. State, 887 So. 2d 408, 408-09 (Fla. 5th DCA 2004). This did not deter him in any way and he repeated his behavior as it related to his 2002 Seminole County case, including making sworn statements of dubious veracity. However, now, in addition to barring Mr. Hickmon from…

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