WALTER S. GRAY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Walter Gray petitions for habeas corpus to vacate his cocaine sales conviction, arguing that Howard Academy was not a qualifying "school" under Florida's enhanced penalty statute. The Fifth District Court of Appeal denies the petition, finding it meritless and imposing a restriction on Gray's future pro se filings due to his pattern of successive, frivolous post-conviction challenges.
The court rejects Gray's argument that Howard Academy is not a school, consistent with its prior rulings. The court denies the habeas petition and imposes a restriction prohibiting Gray from filing further pro se appeals, pleadings, motions, or petitions relating to his conviction without attorney review and signature.
[1] A defendant who has repeatedly raised the same claims and abused the judicial system may be precluded from filing further pro se appeals, pleadings, motions, or petitions…
[2] A court may direct its clerk not to accept further pro se pleadings or filings from a litigant who has abused the judicial system regarding specific convictions and sente…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Gray argues in his fifth post-conviction proceeding that "Howard Academy," the institution within the qualifying proximity of the sale of the illegal substance, was not in fact a "school." Gray's argument has been a common theme in his previous attacks on his conviction, which we have consistently rejected, and do so again now.”
Establishes that Gray is raising the same meritless argument for the fifth time and the court's consistent rejection of it.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceGray was convicted of sale of cocaine within 1,000 feet of a school. The institution in question was Howard Academy, located within the qualifying pro…
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PER CURIAM.
Walter S. Gray 'petitions for a writ of habeas corpus seeking to vacate his conviction for sale of cocaine within 1,000 feet of a school. Gray argues in his fifth1 post-conviction proceeding that “Howard Academy,” the institution within the qualifying proximity of the sale of the illegal substance, was not in fact a “school.” Gray’s argument has been á common theme in his previous attacks on his conviction, which we have consistently rejected, and do so again now.
We concluded earlier that Gray’s current petition was without merit and issued a show cause order pursuant to State v. Spencer, 751 So. 2d 47 (Fla.1999) (holding that court can restrict future pro se pleadings if it first provides a pro se litigant notice and an opportunity to respond). We also find no merit in Gray’s response and hold that his successive petitions constitute an abuse of the judicial system. See, e.g., Schiming v. State, 890 So. 2d 316 (Fla. 5th DCA 2004); Steele v. State, 859 So. 2d 524 (Fla. 5th DCA 2003); Harvey v. State, 836 So. 2d 1102 (Fla. 5th DCA 2003); Davis v. State, 705 So. 2d 133 (Fla. 5th DCA 1998); Isley v. State, 652 So. 2d 409, 410-11 (Fla. 5th DCA 1995).
Therefore, in accordance with the Criminal Appeal Reform Act of 1996, and in order to conserve judicial resources, we prohibit Gray from filing any additional pro se appeals, pleadings, motions or petitions relating to his conviction and sentence in Fifth Judicial Circuit Court Case No. 91-816-CFA (Marion County). Any further pleadings filed in this court relating to Gray’s judgment and sentence must be reviewed and signed by an attorney licensed to practice law in this state. The clerk of the court of the Fifth District Court of Appeal is directed not to accept any further pro se filings or pleadings from Gray regarding the Fifth Judicial Circuit Case No. 91-816-CFA. PETITION DENIED.
PETERSON, PLEUS and TORPY, JJ., concur. . Gray v. State, 619 So. 2d 969 (Fla. 5th DCA 1993); Gray v. State, 702 So. 2d 508 (Fla. 5th DCA 1997); Gray v. State, 796 So. 2d 1187 (Fla. 5th DCA 2001); Gray v. State, 827 So. 2d 1012 (Fla. 5th DCA 2002). We have not in-eluded in our count Gray's unsuccessful petitions to the federal courts.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Isley v. State, 652 So. 2d 409 (Fla. 5th DCA 1995)
- Davis v. State, 705 So. 2d 133 (Fla. 5th DCA 1998)
- Harvey v. State, 836 So. 2d 1102 (Fla. 5th DCA 2003)
- Steele v. State, 859 So. 2d 524 (Fla. 5th DCA 2003)
- Schiming v. State, 890 So. 2d 316 (Fla. 5th DCA 2004)