LARRY JAMES BARBER, APPELLANT/PETITIONER,
v.
THE STATE OF FLORIDA, APPELLEE/RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Third District Court of Appeal prohibited an incarcerated prisoner from filing further pro se petitions and pleadings regarding his 1982 armed robbery and sexual battery conviction, finding that after twenty petitions for postconviction relief over 26 years, he had reached the point where frivolous filings must be curtailed.
The court prohibited Barber from filing any additional pro se appeals, pleadings, motions, or petitions relating to his conviction and sentence. The court found no merit in Barber's latest petition and determined that he had reached the point where enough is enough regarding frivolous filings.
[1] Incarcerated persons have a full panoply of procedural vehicles to challenge the lawfulness of their incarcerations.
[2] There is no constitutional right to file a frivolous lawsuit.
Previewing 2 of 5 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“We recognize that incarcerated persons should and do have a full panoply of procedural vehicles with which to challenge the lawfulness of their incarcerations.”
Establishes the general right of prisoners to challenge convictions through multiple procedural means
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceLarry James Barber was convicted in 1982 of armed robbery and sexual battery and sentenced to life imprisonment with a three-year mandatory minimum. H…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Frivolous Litigation cases and more on FLexlaw
SHEPHERD, J.
On May 21, 2008, Appellant, Larry James Barber, filed a Petition for Writ of Certiorari with this Court. On June 6, 2008, we ordered Barber to show cause why he should not be prohibited from filing further pro se pleadings with this Court concerning his convictions and sentences stemming from lower tribunal case number 81-24230. After carefully considering Barber’s response to this Court’s show cause order, see State v. Spencer, 751 So. 2d 47 (Fla.1999), and having reviewed the State’s response and the record, we now prohibit Barber from filing any additional pro se appeals, pleadings, motions, or petitions relating to this conviction and sentence.
I.Facts
Barber originally was charged with armed robbery and sexual battery. On May 7, 1982, he was found guilty as charged and was sentenced to life in prison with a special provision that he serve a three-year minimum mandatory term before being eligible for parole. We affirmed the conviction on direct appeal. Barber v. State, 438 So. 2d 976 (Fla. 3d DCA 1983).
This petition for writ of certiorari is Barber’s twentieth petition or motion for postconviction' relief to reach this Court stemming from lower tribunal number 81-24230.1 In the present petition, Barber contends the trial court erred by failing to properly instruct the jury on all necessary lesser included crimes. We find no merit in this latest petition.
II.Frivolous Appeals by Prisoners
“We recognize that incarcerated persons should and do have a full panoply of procedural vehicles with which to challenge the lawfulness of their incarcerations.” Hepburn v. State, 934 So. 2d 515, 517 (Fla. 3d DCA 2005); Johnson v. State, 915 So. 2d 682, 684 (Fla. 3d DCA 2005). There is, however, no constitutional right to file a frivolous lawsuit. See Hepburn, 934 So. 2d at 517-18; see also Lewis v. Casey, 518 U.S. 343, 353 n. 3, 116 S.Ct. 2174, 135 L.Ed.2d 606 (1996) (“Depriving someone of a frivolous claim ... deprives him of nothing at all, except perhaps the punishment of ... sanctions.”). As this Court stated in Lanier v. State, 983 So. 2d 658, 660 (Fla. 3d DCA 2008), Hicks v. State, 974 So,.2d 1116, 1118 (Fla. 3d DCA 2008), and Minor v. State, 963 So. 2d 797, 799 (Fla. 3d DCA 2007), “there comes a point where enough is enough.” Based upon careful review of Barber’s filings in this Court, we believe he has reached that point.
III.Conclusion
For the foregoing reasons, we deny Barber’s Petition for Writ of Certiorari. We further direct the Clerk of the Third District Court of Appeal to refuse to accept for filing in this Court any further appeals, pleadings, motions, petitions, or other papers relating to Barber’s conviction and sentence in lower court case number 81-24230, unless they are filed by a Florida Bar member in good standing. Finally, we direct the Clerk to forward a certified copy of this opinion to the Department of Corrections for consideration by that institution of disciplinary measures against Barber pursuant to sections 944.279(1) and 944.28(2)(a), Florida Statutes (2007). See Pettway v. McNeil, 987 So. 2d 20 (Fla.2008).
Petition denied.
. See Barber v. State, 985 So. 2d 542 (Fla. 3d DCA 2008) (table); Barber v. State, 985 So. 2d 542 (Fla. 3d DCA 2008) (table); Barber v. State, 979 So. 2d 1029 (Fla. 3d DCA 2008) (table); Barber v. State, 963 So. 2d 240 (Fla. 3d DCA 2007) (table); Barber v. State, 936 So. 2d 577 (Fla. 3d DCA 2006) (table); Barber v. State, 926 So. 2d 1286 (Fla. 3d DCA 2006) (table); Barber v. State, 838 So. 2d 1162 (Fla. 3d DCA 2002) (table); Barber v. State, 801 So. 2d 938 (Fla. 3d DCA 2001) (table); Barber v. Moore, 748 So. 2d 278 (Fla. 3d DCA 1999) (table); Barber v. State, 717 So. 2d 1021 (Fla. 3d DCA 1998) (table); Barber v. State, 668 So. 2d 618 (Fla. 3d DCA 1996) (table); see also Case Nos. 3D08-1275; 3D98-3184; 3D98-184; 3D95-2888; 3D94-1053; 3D92-1424; 3D90-163; 3D89-2622; and 3D88-781.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Orin A. Mims v. State, 994 So. 2d 1233 (Fla. 3d DCA 2008)…ses and rulings, and (if appropriate) locate transcripts — if the transcripts were ever prepared and have not been destroyed. The State’s resources are also limited, and it always has a demanding caseload of current prosecutions. . Barber v. State, 994 So. 2d 376 (Fla. 3d DCA 2008) (and cases cited therein). . Order Den. Def.’s Mot. For Postconviction Relief, Feb. 8, 2003, 5. . Order Den. Def.'s Mot. To Correct Illegal Sentence, Mar. 19, 2004, 3 (in this order, the trial court also warned Mims that "filing…
-
Edwards v. State, 96 So. 3d 1154 (Fla. 3d DCA 2012)…tated in Lanier v. State, 983 So. 2d 658, 660 (Fla. 3d DCA 2008), Hicks v. State, 974 So. 2d 1116, 1118 (Fla. 3d DCA 2008), and Minor v. State, 963 So. 2d 797, 799 (Fla. 3d DCA 2007), “there comes a point where enough is enough.” Barber v. State, 994 So. 2d 376, 377 (Fla. 3d DCA 2008). After carefully considering Edwards’ response to this court’s show cause order, see State v. Spencer, 751 So. 2d 47 (Fla.1999), and this court’s independent review of the many pro se filings made by Edwards in this court a…
Authorities Cited (11 total)
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Lewis v. Casey, 518 U.S. 343 (U.S. 1996)
- Pettway v. McNEIL, 987 So. 2d 20 (Fla. 2008)
- Hepburn v. State, 934 So. 2d 515 (Fla. 3d DCA 2005)
- Johnson v. State, 915 So. 2d 682 (Fla. 3d DCA 2005)
- Minor v. State, 963 So. 2d 797 (Fla. 3d DCA 2007)
- Ramirez v. State, 438 So. 2d 976 (Fla. 3d DCA 1983)
- Irwin Hicks, Jr. v. State, 974 So. 2d 1116 (Fla. 3d DCA 2008)
- Gus Lanier v. State, 983 So. 2d 658 (Fla. 3d DCA 2008)
- Barber v. State, 979 So. 2d 1029 (Fla. 3d DCA 2008)