ALONZO M. MCQUEEN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Alonzo M. McQueen filed a mandamus petition challenging prison sentences imposed in 1993, but the Florida District Court of Appeal denied the petition as procedurally barred and imposed sanctions on McQueen due to his history of 15 other unsuccessful filings on the same subject.
The mandamus petition is denied as procedurally barred because the claims could have been raised on direct appeal or by motion for postconviction relief. Sanctions are imposed, requiring that all future filings by McQueen related to his Duval County judgments and sentences be signed by a member in good standing of The Florida Bar.
[1] A petition for writ of mandamus challenging the legality of prison sentences is procedurally barred if the claims could have been raised on direct appeal or by motion for…
[2] A court may impose sanctions on a litigant who repeatedly files unsuccessful pleadings related to the same judgments and sentences to preserve access to the court and pro…
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Join FLexlaw to unlock all legal intelligence“These claims are procedurally barred as they could have been raised on direct appeal or by motion for postconviction relief and the mandamus petition is therefore denied.”
Establishes the procedural bar to McQueen's mandamus petition under the doctrine that issues must be raised through appropriate direct appeal or postconviction relief mechanisms.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceMcQueen was sentenced by the Circuit Court for Duval County in 1993. He subsequently filed 15 other cases in the appellate court relating to these sam…
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PER CURIAM.
By petition for writ of mandamus, Alonzo M. McQueen challenges the legality of prison sentences imposed upon him by the Circuit Court for Duval County in 1993. These claims are procedurally barred as they could have been raised on direct appeal or by motion for postconviction relief and the mandamus petition is therefore denied. See Baker v. State, 878 So. 2d 1236 (Fla.2004).
Moreover, the records of this court reflect that petitioner McQueen has previously filed 15 other cases in this forum, appeals and original writ proceedings, relating to these same judgments and sentences and all have been unsuccessful. Those appeals which have not been dis missed have resulted in affirmance and the prior extraordinary writ petitions have been found to be without merit or procedurally barred. We therefore directed McQueen to show cause why sanctions should not be imposed against him. Having now considered his response, we conclude that it is necessary to sanction Alonzo M. McQueen in order to preserve the right of access to this court for all litigants and to promote the interest of justice. The clerk of this court is therefore instructed to reject for filing any future pleadings, petitions, motions, or other documents submitted by Alonzo M. McQueen which are related to his judgments and sentences in the Circuit Court for Duval County, unless signed by a member in good standing of The Florida Bar. See Tate v. McNeil, 983 So. 2d 502 (Fla.2008); Boatman v. McDonough, 973 So. 2d 1159 (Fla. 1st DCA 2006); Lee v. Florida Dep’t of Corr., 873 So. 2d 489 (Fla. 1st DCA 2004).
PETITION FOR WRIT OF MANDAMUS DENIED; SANCTION IMPOSED.
WOLF, THOMAS, and ROBERTS, JJ., concur.
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Citator
Authorities Cited
- Baker v. State, 878 So. 2d 1236 (Fla. 2004)
- Tate v. McNEIL, 983 So. 2d 502 (Fla. 2008)
- LEE v. Fla. Dep't OF Corr., 873 So. 2d 489 (Fla. 1st DCA 2004)
- Rayvon Boatman v. McDONOUGH, 973 So. 2d 1159 (Fla. 1st DCA 2006)